The Consumer Protection (Amendment) Act, 2002, passed by parliament in November 2002, will come into force on March 15, the World Consumer Rights Day.
The amendments aim at facilitating quicker disposal of complaints, empowering redressal agencies, streamlining procedures and widening the scope of the Act to make it more functional.
Services used for commercial purposes are excluded from the preview of consumer courts, thus enabling them to concentrate on providing relief to individual consumers.
Enacted originally in 1986, the Consumer Protection Act was amended earlier in 1991 and 1993 to make it more consumer-friendly.
The Act provides for setting up of Benches and appointment of additional members in the National Commission and the state commissions on consumer affairs.
A specific timeframe has been prescribed for admission of complaints, issue of notices and disposal of complaints.
The pecuniary limits of cases to be handled by consumer courts at different levels have been revised.
The limit for the district consumer grievance redressal forum has been raised from Rs 5 lakh to Rs 20 lakh, that of the state commissions from Rs 20 lakh to Rs 1 crore (Rs 10 million) and that of the National Commission from more than Rs 20 lakh to more than Rs 1 crore.
The procedure for selection of members of the state commissions and president and members of the district forums has been revamped, to facilitate uninterrupted election and filling up of vacancies promptly by making the sitting judge of the high court to preside over the selection committee when the state commission president is absent.
A provision has also been made to empower the senior-most member to act as president in the absence of the regular president of the National Commission, the state commissions and the district forum.
Minimum qualifications have been prescribed for members of the consumer courts. Provision for reappointment of the president and members has also been incorporated in the Act.
To widen the scope of the Act, sale of spurious goods/services is included in unfair trade practice besides widening the concept of unsafe goods and extending it to services.
Provision has been made for filing complaints against service providers indulging in unfair or restrictive trade practice.
The Act further provides for consumer courts to have powers of First Class Judicial Magistrate to punish those not obeying the orders of the court.
Compensation amount ordered by the court can now be recovered through certificate case as arrears of land revenue. According to the Act, consumer courts can issue interim orders giving the complainant immediate relief in deserving cases.
To streamline the trial procedure, the amended Act provides for legal heir being substituted if complainant or the opposite party dies.
The Act provides for establishing a Consumer Protection Council at district level and also make it a necessary requirement for government to establish district, state and central level councils.
Besides, provision has been made to enable nomination of up to 10 official or non-official members to the state councils by the central government.
