The High Court of J&k and Ladakh last week made communication to the government regarding establishment of District Consumer Disputes Redressal Commissions in the District Court Complexes.
In a letter to Commissioner Secretary Food, Civil Supplies and Consumer Affairs department, Registrar General of the Court has sought “necessary follow up action” pursuant to the directions by the Chief Justice of J&K.
One Courtroom, presently available in District Court Complex Mominabad Srinagar, has been ordered to be used as a “temporary” accommodation for the District Consumer Disputes Redressal Commission, Srinagar.
Similarly, a “shed” in District Court Complex, Jammu has been ordered to be provided temporarily to the District Consumer Disputes Redressal Commission, Jammu.
However, in all other Districts, the Government has been requested to make alternative suitable arrangements for establishing the District Consumer Disputes Redressal Commissions, in all Districts on permanent basis.
Importance of Consumer Disputes Redressal Commissions cannot be reemphasized. Section 28 of the Consumer Protection Act, 2019 states: “Every State and Union Territory shall, by notification, establish a District Consumer Disputes Redressal Commission, to be known as the District Commission, in each district and each District Commission shall consist of a President and not less than two members”.
The District Consumer Disputes Redressal Commissions have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908.
Moreover, every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code and the District Commission shall be deemed to be a Criminal Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
The 2019 Act is aimed to revamp the settlement and administration process through stricter penalties. The pecuniary jurisdiction of the District Forum increased to Rs. 1 crore and the state forum to Rs. 10 crore. For unfair contracts claims, where the consideration does not exceed Rs. 10 crore, the pecuniary jurisdiction of the National Commission for claims exceeds Rs. 10 crore.
Importantly, misleading advertisements have been made actionable under the new law, including advertisements, notices, circulars, labels, wrappers, invoices or other documents in a variety of physical and digital formats. The legislation also provides for Consumer Mediation Cells attached to District and State Commissions.
The government must take all the steps from providing proper accommodation to appointment to make the mechanisms viable for the common man.
