Monday, December 22, 2008

Consumer Protection Act, 1986

Advantages over other laws
Consumer Protection Act, 1986 has many advantages over other Laws related to consumer. It is simple, easy to understand even by a common man, less time consuming process, provides various reliefs to consumer which otherwise not provided by other Laws.
Some of its advantages over other Laws are:-
1. No Need to Physically Appear in Court In an action under Consumer Protection Act normally there is very rare need to appear before Court.
a. Complaint can be sent through Registered Post.
b. Complaint instead of appearing himself authorizes some person to appear in Court on its behalf.
c. Witness can give his Evidence through Affidavit without appearing in Court.
d. Even the person against whom complaint is made can authorize someone else to appear on his behalf in the Court instead of appearing himself.
2. Simple Procedure Easily understandable even by layman. Lengthy/Complicated procedure of Civil/Criminal Courts not applicable. Procedure based on principles of Natural Justice – Action taken only after giving due opportunity of hearing to opposite party.
3. No Need of Advocate There is no need of Advocate for proceedings before Consumer Courts. One can appear himself or authorize someone to appear in Consumer Court on his behalf.
4. Nominal Fee Court Fee is minimum Rs. 100/- for matter involving less than Rupees One Lakh and maximum Rs. 5,000/- for matter involving more than Rupees One Crore is payable. This Fees is almost fifty times less in comparison with Civil Courts.
5. Delay Tactics It is normally practice to seek dates from Courts (Adjourning) for one reason or another. Consumer Protection Law to stop such delay tactics has imposed a cost of minimum Rs. 500/- for one such adjourning which can go to more than Rs. 500/- on the basis of value and nature of case.
6. Service of Summons Consumer Court can serve summon through Registered Post or Couriers also while in Civil Tribunal Court, it is complicated because of which opposite party can avoid summon for quite long period.
7. Cost to Complainant A Consumer Court as a routine allow cost to complainant for expenses incurred by him for filing complaint – Court proceedings etc. – While in other Courts this is done in very less cases.
8. Prevention of MisuseConsumer Protection Act is a liberal, Welfare Law. There is possibilities of persons misusing its liberal provisions – To stop them Consumer Courts can burden, Complainant of frivolous and vexatious complaints, with cost up to Rs. 10,000/-.
9. Time Bound ProceedingsConsumer Protection Act provides time bound proceedings for disposal of cases. Though many times practically it is not possible to dispose the case in fixed time period – Consumer Courts are empowered to extend such period – but it is also true that consumer Courts takes much less time to decide a case in comparison with other Courts.
10. Court AtmosphereFinally Courts has different atmosphere than other Courts – its Judges do not require wearing usual Black Coats – Advocates also not required wearing Black Gown. The chairs of Judges are simple, persons coming to Consumer Courts are treated well. They had atmosphere of openness, simple but impressive. Persons visiting them feel better in such courts.

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