Give a critical analysis on the demerits of consumer redressal process (mention at least 5 points)
Answers
1. The position today is that only those services come within this Act for which specific payment is made, such as electricity, telephones, banking, etc. Thus the doctors, as well as hospitals including those where treatment is given free such as government hospitals, do not come within the ambit of the Act.
2. The Act incorporates only two clauses regarding the supply of hazardous goods, but it does not impose any strict liability on those who supply such goods. Section 2 (c) clause 5 says that the goods which will be hazardous to life and safety when used, are being offered for sale to the public in contravention of the provisions of any law for the time being in force requiring traders to display information in regard to the contents, manner, and effect of use of such goods. Section 6 which talks about the objectives of the central council, in subsection (a) says that the central council would protect the consumer against the marketing of goods and services which are hazardous to life and property. Also, the act does not provide any definition of safety requirements and the permitted hazardous levels.
3. A consumer can seek redressal under the Act only if he has suffered a loss or a damage as a result of the unfair trade practice or deficiency in service or the unfair trade practices resorted to by a trader.
4. The Act does not empower the Consumer Redressal Fora to issue either interim injunction or “case and desist orders”. Interim Injunction refers to temporary restraint. A temporary injunction is an order by which a party to an action is required to do, or refrain from doing, a particular thing until the suit is disposed of or until further orders of the court
5. The Act does not permit a consumer to lodge a complaint with the Consumer fora if an alternative remedy is available under some other law.