State Of U.P. Through Principal Secretary v. All U.P. Consumer Protection Bar Association

Name of the Case State Of U.P. Through Principal Secretary v. All U.P. Consumer Protection Bar Association
Civil Appeal No. 2740 of 2007
Year of the Case 1998
Respondent All U.P. Consumer Protection Bar Association
Appellant State Of UP Through Principal Secretary & Ors
Acts Involved Consumer Protection Act, 1986
Important Sections Sections 10(3), 30 and 16(2) of the Consumer Protection Act, 1986
Judges The Honourable Chief Justice Mr. Dipak Misra, The Honourable Dr. Justice D.Y. Chandrachud & The Honourable Mrs. Justice Indu Malhotra

Consuming is the basic need. Everyone needs clothes, milk, oil, soap, water, and many other things and these needs always take one form or another for the rest of her life. So we are all consumers in the literal sense of the word. When we come to the market as a consumer, we expect value for money that is, the right quality, the right price, the right price, information about how to use it, etc. But there may be cases where the consumer is harassed or deceived.

The Consumer Protection Act, 1986 was enacted to provide easier and faster access to the resolution of consumer complaints. The law for the first time introduced the concept of ‘consumer’ and gave him the right to express other rights to him. It is interesting to note that the Act does not seek to protect every consumer within the true meaning of the term. Protection is for a person who complies with the definition of ‘consumer’ provided by the Act.

SC is requesting the Center to Frame Rules and Regulations for Effective Implementation of Consumer Protection Act in the case.

Introduction

In this case, the Supreme Court acknowledged that its decision in January, 2016, was a Committee to look into the issue of infrastructure deficit in the Consumer Forum and therefore, the Committee was asked to refer its discussions to the State Governments.

The Supreme Court later issued a directive to the Federal Government to set a precedent for acceptance by the State Government. The Supreme Court in its most recent order has now ordered the Union Government to submit a full status report showing compliance with the directions issued by the Court by affidavit within six weeks.

Background

The Consumer Association of India adopted an official form when the Consumer Protection Act was enacted in 1986. This action came into effect so that we can use consumers to exercise their rights through organizations that resolve consumer disputes. In fact, there are often significant delays in the hearing and dismissal of cases.

In this regard the Institute has been asked to develop comprehensive rules for dealing with various aspects of the functioning of consumer forums, including the provision of remuneration, allowances and conditions of service in line with the nature of the judging process to attract the right talent. The institute introduced a set of rules before the SC in 2018 and the provinces were instructed to enact appropriate legislation.

Case Facts

The facts contained in the interim report presented by the Committee on 17 October 2016 form a sobering picture of how far removed the truth is from the goals and objectives that Parliament had set in mind when the Consumer Protection Act, 1986 was enacted that the legislative body is not functioning as it should be due to poor organization, inadequate infrastructure, a shortage of qualified and qualified staff and a lack of qualified members in the judiciary. State and regional benches remain, in most cases about two or three hours daily and remain inactive for months due to a lack of coram. Orders are not enforced like other orders passed by civil courts. The governments of the world have failed to respond to the Committee’s recommendations to improve the situation.

Issue of the Case

The issue that arises to be addressed in this current complaint and written complaints is about the lack of infrastructure in Consumer Fora nationwide.

Relevant Provisions

• Sections 10 (3) and 16 (2) of the Consumer Protection Act, 1986

• In approving this Court’s statutory rules, State governments will continue to adopt exemplary laws by enacting laws applicable to the exercise of powers under Section 30 of the Consumer Protection Act, 1986.

• The National Commission on Consumer Dispute Resolution is requested to formulate regulations under Section 30A with prior approval by the Central Government within three months today to give effect to the powers vested in the National Commission on State Commissions under Section 24 (B) (1) (iii) and in respect of regional administration in terms of Section 24 (B) (2) as defined in this judgment to achieve the objectives and objectives of the Consumer Protection Act, 1986. ‘

Judgement

In the decision, Indu Malhotra, J representing himself and Dipak Mishra, CJ and Dr. D.Y. Chandrachud, J. has directed the State Government to enact appropriate legislation under the Consumer Protection Act 1986, to address the issue of lack of infrastructure in consumer organizations across the country.

In January 2016, the Supreme Court formed a three-member committee headed by Judge (Retired) Arijit Pasayat to investigate various matters related to the matter as mentioned above. In November 2016, guidelines were issued to the Federal Government to draft the Model Rules under sections 10 (3) and 16 (2) of the Consumer Protection Act 1986, with a view to ensuring uniformity of State Government. In line with the said guidelines, the Union of India introduced the Final Draft Rules in March 2017, which was adopted by all stakeholders.

During this time, the Supreme Court ordered the State Governments to enact laws under Section 30 of the Act within three months in accordance with the Model Rules as enacted by the Union. In addition, guidelines were given to the Union of India to address the issue of creating additional vacancies in the National Consumer Dispute Resolution Commission (NCDRC) and the expansion of its infrastructure.

Committee Acquisition

The committee, during a visit to the provinces, found that there were no proper courtroom rooms with lanterns, chairs and tables. The condition of the Members’ Chambers should not be painful. They do not have enough or qualified staff. They don’t have stenographers by taking a call. In other French Buyer, there are no peon retrieval files in the Record Room. Records-Rooms are also, very small and have no almirah, shelves or compactors for file storage. Files are kept open and misplaced or terminated. The Central Government provides funding for the construction of new buildings, the additions / alterations / repairs of existing buildings and the acquisition of non-physical assets such as property, office equipment etc. State governments should provide land for the construction of new buildings on French Consumer premises. The Committee was also informed that the State Governments – which are responsible for filling the vacancies of Presidents and Members of State and District Commissions in due course – have failed to meet deadlines. The Committee has met with circumstances in which State Governments have taken up to 7/10 months to accept the recommendations of the Nomination Committee

Concepts Highlighted

Where the law mandates immediate expulsion of cases with a minimum / no delay, several years of delay raises a question throughout the system. In the State of UP vs All UP Consumer Protection Bar Association, the Supreme Court (SC), refers to an interim report submitted by a committee appointed by state consumer court officials, which ordered that the entire infrastructure reform be made.

The institution has been asked to develop a comprehensive set of rules for dealing with various aspects of the functioning of consumer forums, including the provision of remuneration, allowances and conditions of service in relation to the type of judicial activity in order to attract relevant talent. The institute introduced a set of rules before the SC in 2018 and the sectors were instructed to enact appropriate legislation.

Conclusion

The Committee was asked to consider the following:

(1) The infrastructure needs of the relevant State Commissions in the capacity of the office of the Executive Authority, the members and the support staff and whether such a provision is provided.

(2) The vacancy of the President / Members / Officials in the National Commission, the State Commissions and the Regional Commission and the steps required to ensure that the vacancies are filled in a timely manner.

(3) The need for additional benchmarks of the National Commission, State Commissions and the French Regional Commission or any of them responsible for the 11th burden and difficulty / disruption the consumer opposing consumer must face to reach the national Commission, Government Commissions and / or District France.

(4) The conditions of eligibility, if any, for the appointment of non-statutory members of the National Commission, State Commissions and Regional Forums. In the event that there are no such qualifications as to whether there is a need to do so and what the eligibility requirements for the employees are in terms of the nature of the work and the relevant provisions of the Consumer Protection Act, 1986.

(5) The nature and powers of the Executive Authority, if any, are delegated to the Presidents of State Commissions and the President of the Regional Region. In the event that no power is provided that there is a similar need for supply and if so in quality and effect.

(6) The current conditions of service include remuneration rates approved by the President and Members, judicial / non-judicial bodies of the National Commission, 12 State Commissions and the Regional Front and if there are no working conditions that may be applicable to the office.

FAQ’s

What Is The Issue Of The Case?

The issue that arises to be addressed in this current complaint and written complaints is about the lack of infrastructure in Consumer Fora nationwide.

Why Was The Consumer Protection Act, 1986 Enacted?

The Consumer Protection Act, 1986 was enacted to provide easier and faster access to the resolution of consumer complaints.

What Was Observed By The SC?

The institution has been asked to develop a comprehensive set of rules for dealing with various aspects of the functioning of consumer forums, including the provision of remuneration, allowances and conditions of service in relation to the type of judicial activity in order to attract relevant talent. The institute introduced a set of rules before the SC in 2018 and the sectors were instructed to enact appropriate legislation.

Around Which Act The Whole Case Revolves?

The Consumer Protection Act, 1986

References

https://www.scconline.com/blog/post/2018/06/11/sc-addresses-the-issue-of-paucity-of-infrastructure-in-consumer-fora-all-over-the-country/

https://timesofindia.indiatimes.com/city/chennai/consumer-courts-require-an-overhaul-for-new-act-to-work/articleshow/76468103.cms

http://indiankanoon.org/doc/53620139/ 1

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