Er S K Gupta
Thanks to the historic declaration of the basic consumer rights in the year 1962, by the President of USA, John F Kennedy, while addressing the US Congress said that “Consumer by definition, includes us all. They are the largest economic group in the economy, affecting and affected by almost every public and private economic decision. But they are the only important group whose views are not heard.” He introduced four basic rights; the right to safety, the right to information, the right to choice and the right to representation. In the year 1983, the United Nations formally declared 15th March as “World Consumer Rights Day” thereafter, the United Nations passed a resolution in the year 1985, laying down the guidelines to be adopted by developed and developing nations for protection of consumer rights. Since then, recognition of consumer rights has taken off around the world. Since there is every possibility of consumer rights being ignored or trivialized by the Governments, producers and powerful interests, the World Consumer Rights Day on 15th March is celebrated in order to draw attention to such violations and to enable the consumer protection organizations to take appropriate steps in this regard.
The General Assembly of the United Nations adopted guidelines for Consumer Protection on 09.04.1985. These guidelines are placed under four heads, viz Objectives, General Principles, Guidelines and Internal Cooperation.
Soon after the UN resolution. The Indian Parliament enacted the Consumer Protection Act in 1986. This Act was enacted to provide for better protection of the interest of the consumers. The Act meets long felt interest of protecting the common man from such wrongs for which the remedy under ordinary laws for various reasons had become illusory.
It is a milestone in the history of socio-economic legislatures and is directed towards achieving public benefit. The Act aims to protect the economic interest of consumer as a purchaser of goods and in the larger sense user of services, the authorities under the act exercise quasi-judicial power for redressal of consumer disputes.
The definition of consumer is wide and covers in its ambit not only the goods but also services, bought or hired for consideration. The consideration may be paid or promised or partly promised under any system of deferred payment and includes any beneficiary or such person other than the person who hires the services for consideration.
The definition excludes a person who obtains such goods for resale or for any commercial purpose. However, services hired or availed which are free of charge or under a contract or personnel service, have specifically been excluded.
Soon after the UN passed resolution for protection of the consumer rights, the Govt of India took up the matter for deliberations and passed The Consumer Protection Act, 1986.
This Act made provision for establishment of consumer councils and other authorities for the settlement of consumer disputes and matters connected with it. The scope of this Act is very wide and it tries to achieve equitable redress of the grievances of the consumers.
However, the Central Govt realized the need to cover many issues faced by the consumers which were not fully covered in the Act of 1986, and decided to enact a fresh Act. Thus, Consumer Protection Act 2019 was passed by the Parliament and it received the assent of the President on 9th August, 2019. This Act was applicable to whole of India except the state of Jammu & Kashmir.
“Consumer Rights” under the Act include :-
i) The right to be protected against the marketing of goods, products or services which are hazardous to life and property.
ii) The right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, as the case may be so as to protect the consumer against unfair trade practices.
iii) The right to be assured wherever possible, excess to a variety of goods, products and services at competitive prices.
iv) The right to be heard and to be assured that the consumer interest will receive due consideration of appropriate fora.
v) The right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers, and
vi) The right to consumer awareness.
Significantly the Act of 2019, provides protection to consumers against some goods and services which was not specifically provided in the Act of 1986. These include e-commerce, misleading advertisements unfair contracts etc.
The Consumer Protection Act 2019, provides for establishing of Central Consumer Protection Council (Central Council) at the centre, State Consumer Protection Councils (State Councils) and District Protection Councils (District Council) to be established at all districts of all states. These councils shall render advice on promotion and protection of consumer rights under the Act.
The State Govt shall establish Distt Consumer Dispute Redressal Commission in each district of the state. The Distt. Commission shall have the power to entertain the complaints where value of goods or services paid does not exceed one crore rupees.
The State Consumer Protection Commission also known as the State Commission shall have jurisdiction to entertain complaints where the value of goods and services paid as consideration exceeds Rs one crore but does not exceed Rs ten crores, and appeals against the orders of Distt Commission within the state. The Act also specifies the time period by which consumer complaint has to be redressed as also the appeals, by the competent commission.
Problems of Consumers in (UT) of J&K
It is pertinent to state here that after reorganization of J&K state and creation of Union Territory of Jammu & Kashmir, and Union Territory of Ladakh, the Consumer Protection Act of 2019, has come to be applicable to these newly carved out Union Territories.
However, the consumers of UT’s of J&K & Ladakh, the Consumer Protection Act of 2019, has come to be applicable to these newly carved out Union Territories.
However, the consumers of UT’s of J&K & Ladakh are unwittingly deprived of the constitutional guarantee provided by the beneficial legislature w.e.f 31st Oct 2019 (Order No. 1145-GAD of 2019, dtd 23.10.2019) as also Distt Forums and sole State Consumer Commission are ordered to be wound up, though the Central Protection Act 2019, has the transitional provision saving the appointment of any President/Member of Distt Forum & State Commission working at the time of the 2019 Act to “complete their term” not with standing repeal of 1986 or 1987 Acts. Moreover, by virtue of order dated 30th Oct 2019, which has the overriding effect on Administrative order of the State Govt dated 23.10.2019 (supra).
Forums constituted under the State Act of 1987 also met similar fate. Consequently State Consumer Commission and all Distt Forums became non-functional, multiplying miseries of consumers of J&K and Ladakh UT’s. Subsequent to the above order, exercising powers under section 103, of reorganization Act, 2019 MHA (Deptt of J&K) issued Notification/SO No. 3219 dtd 30.10.2019 (removal of difficulties). Clause 17 of this order says, “Any authority constituted under and law in the existing State of Jammu & Kashmir immediately in force before the appointed day shall be applicable to the UT’s of Jammu & Kashmir, and Ladakh under newly constituted Act until new authority is constituted, law applicable to the UT of Jammu & Kashmir and UT of Ladakh as the case may be, and the proceedings initiated or action taken by such authority shall for all purposes be deemed to be valid and operative”.
Unfortunately, the Consumers of Newly Constituted UT’s of J&K and Ladakh have been adversely affected as all consumer redressal forums and council have been made defunct. Those consumers in whose favour awards have been given by these forums or council, cannot get their award amounts, although bank interest on their loans, if any, is mounting day-by-day.
Since, rules for applicability of CPA 2019, are not as yet framed, process of appointment of President’s and members of State Commission and Distt’s Forums is getting delayed. This is resulting in grave injustice to the consumers of the two newly constituted UT’s, although consumers of other UT’s in the country are getting all the benefits of CPA 2019.
It is as such fervently urged that the Govt make forums and commission functional in the UT’s at the earliest in view of that transitional provisions in the CPA 2019, else the inevitable delay will scuttle the amenities provided by the social and beneficial legislation that is Consumer Protection Act 2019.
(The author is President Consumer Welfare Association (CWA) Jammu)
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