Report on speedy disposal of consumer cases

The recommendations — regarding both work procedures and infrastructure — are the result of a survey of Maharashtra’s 34 state-funded consumer forums conducted by MGP between October and December last year. Carried out by consumer activists Lalita Kulkarni and R G Khedkar, the survey was aimed at monitoring reasons for delay in deciding cases under CPA. The stimuli for the activity were several complaints from consumers which the MGP has received over the years.

The CPA recommends a period of 90 to 150 days for the forums to decide on any given case, but the survey says decisions get delayed mainly because forums have deviated from rules set by CPA. Responses of forums toquestionnaires about work procedures are startling: barring seven forums, members of all others work only part-time. As a result, over 400 cases are pending with 13 forums. Many forums do not give consumers the recommended complaint format, hence the number of faulty complaints ranges from two to 25 per cent in various forums. The time span in which notices are to be issued to respondents also varies from forum to forum — some issue notices in a week’s time, others take six months to a year. “All these factors delay decisions,” Kulkarni said.

The MGP has recommended that members of those forums that have over 400 pending complaints should be appointed full-time, and notices should be issued to respondents within seven days. It has suggested that consumers be called only in case of faulty complaints and notices be sent to respondents by registered post, not by hand delivery or other means.

The MGP report recommends the consumer or respondent need not be made to appear before forum officials. It isenough for the respondent to send his statement to the consumer and the forum. In case the consumer feels the need to send a rejoinder to the respondent, it should be done within 15 days. A copy should be sent to the forum as well.

The report recommends implementation of the provision allowing a respondent 45 days to respond. No case should be allowed more than two adjournments, it says, and cases should be closed in two hearings. Plus, forums should keep the state commission for consumer disputes redressal appraised of cases pending with them.

The state government has organised a conference of members of the consumer forums at Shegaon on January 23 and 24 to “streamline procedures, review pending cases and take remedial administrative action.”