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FAQ

Why Consumer Complaints are not resolved within 90 Days

Answer

  • Increase number of cases,
  • Provision of additional benches are provided since 2002, not implemented at District level which are the most crowded commissions with small cases of 30 thousand to 1 lack Such as Washing machines ,mobile phones ,electronic goods Air conditioners ,courier /post office cases .They are all treated with big cases like insurance, real estate, medical, transportation & carrier services, airlines etc.
  • Appearance of advocates causes maximum adjournments, give any reason as habitual in civil courts -commissions are soft with advocates.
  • Vacant posts of Members/Presidents :Most of the posts filled by administrative or political pressures-waiting for candidate to retire and then advertised. Do not join even when selected.
  • CCPA could not take the burden of Consumer Commissions for two reasons;

a. CCPA has to be an independent functioning Body with its own infrastructure. Its working as part of ministry and getting help for investigation from existing regulatory bodies, no separate investigation machinery.

b. No complaints are entertained from individual consumers, only class action theory works through NGO, Organisation or state or central Govt

Answer:

Many factors, such as –

  • Theory of 45 days for WS not followed, not understood
  • Method of notice to parties not changed as is provided new act, notice after notice goes on E-Mail system, Dasti notice or publication not encouraged, intermediary system (online purchase cases) not in practice Method of expert opinion, (Medical & vehicle defect goods defect etc.) testing erroneous
  • Interlocutory applications treated like civil courts
  • Presidents are accustomed to work like civil courts and do not go for prescribed training
  • Appearance of proxy counsel’s practice

Answer:

  • Presidents retired judges.
  • Due to over load on commissions, Steno do cut pasting from, complaint, reply then evidence in detail and last part written by president. No scrutiny of words, sentences.
  • Documents necessary are to be submitted because order is to be done on the basis of documents only. Number of sets justified, one copy to every opposite party for reply, one for court record. Id OPS are more, copies are more Regarding summery of the case and separate list of documents etc. when documents are annexed with number with complaint, this practice can be discontinued, it was not there in early days.

Answers

  • Dominant position of Presidents who impress that they know the law. Most non-judicial Members loose interest when they have no say and gradually enjoy freedom to often go home for lunch and not come back.
  • Presidents are comfortable if Members are not working, they are sole judge to decide everything. No system of mutual discussion on the issue
    of orders

Answer

  • Default on the part of system. There is clear provision to have lower size diose to make consumer comfortable.
  • Attitude of Presidents: The situation is Presidents sit on the chair when peon comes, pulls chair for him like ardali in civil courts and then sit.
  • President to see that consumers are comfortable but no such system. Advocates can be allowed to come on their turn but they sit for

Why Consumer Commissions are closed during summer and winter

Answer:

No provision of holy days like civil courts

Hearing Hours -Clause 5 of Notification by NCDRC Dated 24th July 2020 Called Consumer Protection (Consumer Commission Procedure)Regulations 2020

From 10.30 to 4.30 with break 1.00 pm  t0 2.00pm.

Working days -Working days of Central Govt in case of NCDRC and working days of State Govt in case of State Commissions and District Commissions

Question arises when the same is not followed.

By practice some Commission enjoy holidays with President’s administration  because Advocates are on holidays during summer and winter in civil courts. Hence work hampers, dates given.

Answer :

Prescribed working hours are sufficient to conduct the proceedings and work comfortably (Explain the whole procedure and functioning since morning till closing of the Day )

Office works/Readers, functioning

  • Registration of complaint (Clause 6)
  • Preparing Caise List, Giving serial number, number of the matter, name of the parties.
  • Scrutiny of complaint(clause 9 )of Regulations. If defect found 15 days’ notice to party/parties
  • Admission/rejection of complaint, process within 21 days (To be decided whether consumer, whether within time limitation and whether jurisdiction of commission)-
  • Putting all files for the day in order
  • Noting in the files when President gives dictation while dealing with the files in the court
  • Typing all Noting’s given by the court in all files

Attending applications for file inspection, certified copy of the order ,/documents or other miscellaneous queries by parties/advocates

Working by Members Other than Court hearings

  • Members to read files for admission and rejection
  • Scrutiny and reading  of Files for the argument for the day one day before in order to be prepared for questions if any .
  • Keeping cases reserved for order, dictation and preparing order .

Question arises when the same is not followed.

Answer:

Provision: President and one member can conduct complete proceedings including Arguments

One or two members can conduct proceedings other than arguments, should do. But often say Corum not complete and give date.

Sometimes President present but sitting in the chamber creates mis understanding. IT is done some times to give dictations and comes to hear arguments time .

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