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Justice Ashok Bhan, President, National Consumer Disputes Redressal Commission, talks about facilitating proceedings for the consumers.
The general perception about consumer courts is that the cases drag on endlessly.
More and more people are coming to consumer courts because of quick disposal of cases. Ever since the commission came into existence in 1988, about 31 lakh cases have been filed. Of these, 27 lakh have been settled. If you consider the National Commission alone, since October 2008, we have reduced the number of pending cases by around 2,000. Yes, there are delays, but some reasons are outside our ambit. For instance, work is held up because an administrative appointment has not been made by the government. Then there’s the problem of infrastructure. In large states like Uttar Pradesh, we need more courts.
Can consumers expect a reduction in timelines?
We are trying to streamline the process. I have asked all consumer courts to write the verdict within 15 days of a hearing. Earlier, lawyers would come unprepared for the hearing, but ever since we have become tough on adjournments, we have seen results. Though we have the National Commission in Delhi, its members travel to far-flung states and take up cases in a bid to make it easier for people to be present.
The compensation awarded by consumer courts is often seen as being too less.
The compensation is awarded on a case-to-case basis and has to be in line with the claims that have been made. In some cases, such as those related to motor vehicles, there is a process according to which the compensation is granted, while in cases involving goods, the compensation mirrors the claim made. In cases of medical negligence, the quantum of punishment varies. However, as the Supreme Court has taken a lenient stand (it recently ordered Rs 1 crore as compensation in a medical negligence case), we are trying to take a similar view.
Recently, the NCDRC refused to entertain a class action suit. Should there be a system to look into such cases?
Consumer courts take up only those cases that fall under the Consumer Protection Act, that is, where a consumer has a problem with a product or service for which he has paid. Also, we have what are called ‘summary’ hearings, where the evidence specific to that case is put forward in the form of an affidavit. This is the reason cases are disposed of quickly. In a class action suit, however, elaborate evidence is collected and lawyers need to be trained for it. Such cases are handled better by the Supreme Court.
Consumers do not need a lawyer in consumer courts, but are they able to present their cases effectively?
Individuals are encouraged to take up their own cases because the proceedings are extremely consumerfriendly. Despite this, if an individual is not able to present his case properly, we appoint a lawyer, who is paid from the National Consumer Legal Aid Fund.
