Write down the disadvantages/limitations of consumer courts
Answers
Answer:
One of the world’s most outstanding and simple enactment of our parliament is Consumer Protection Act, 1986. Such a simple law is not gifted to many countries. Before the enactment of this act, there were certain enactments which protected the consumers only in an indirect way. Some of which are Prevention of Food Adulteration Act, Magic Remedies Act, Weights and Measures Act, Essential Commodities Act. But under these laws, the guilty ones are punished and no direct relief is available to the consumers. Then comes the Consumer Protection Act, 1986 which also provides relief by the way of compensation to the consumer of goods and services. The Act was brought into force from September 1, 1987, and was amended in 1993, enlarging its scope. The Act meets most of the demands of the consumers but still, there are various shortcomings and limitations in the implementation of the Act.
It's disadvantages are
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. Also, the mandatory civil services, such as sanitation, water supply, etc. provided by the State or local authorities are not covered by the Act
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.
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. However, the per se rule is not invoked. The per se rule ensures that any act or practice which prima facie appears to be unfair shall be regarded as unfair and against consumer interest as such, pending its justifications by the opposite party.
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. A temporary injunction is interim in nature, granted on an interlocutory application of the plaintiff. Also, the Act does not empower the Consumer Redressal Forums to take up cases suo-moto.
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.
The Act does not impose liability on the chief executive, manager or director where an offence is shown to have been committed by an organisation. Also, the Act specifies a time frame within which the dispute is to be disposed of. The period specified is 90 days, but the actual time taken is much longer.
The Act concedes six rights of consumers viz. right to choose; the right to safety; the right to be informed; the right to be heard; the right to redress; and right to consumer education. But these rights have not been made justiciable.
The Act completely ignores the right of consumers to a healthy environment. It acknowledges only six rights under Section 6 of the consumers as are recognised by the international organisation of consumer unions.
✌