Objective of Consumer Act is speedy justice, says commision chief

The objective of the Consumer Protection Act, 2019, and also earlier Act, were speedy justice. Thus, the trial and procedures are not like in Civil Courts, said president of Mysuru District Consumer Disputes Redressal Commission B Narayanappa.

Narayanappa, who recently completed one year in office, admitted that awareness programmes are not frequently conducted due to various reasons, and said that consumer activism has slowed down, compared with activism related to Right to Information Act.

A native of Bengaluru, who did MA and LLB from Bangalore University, Narayanappa was selected as Civil Judge on July 26, 1999. He was promoted as Senior Civil Judge in 2009 and as District Judge in 2015. He served various courts across the state and retired as District Judge in Bengaluru on June 30, 2019. He was appointed as the president of the Commission on March 5, 2020.

In an interview with DH, he expressed his desire to make the commission more consumer-friendly and to reach to all consumers, to create awareness on their rights.

Who can complain to the Commission?

As per the Consumer Protection Act, a ‘consumer’ is a person who buys any goods or services for a consideration, which has been paid or promised or partly paid and partly promised, or under any system of deferred payment also includes the user with approval of such goods or beneficiary of services.

As per the Consumer Protection Act, 2019, the expression ‘buys any goods’ and ‘hires or avails any services’ includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing.

Thus, any consumer, either of products or services, can approach the Commission, for unfair trade practises, defects, harm, negligence, over-price or misleading advertisement.

How different is the functioning of the Commission, compared to courts of law?

Consumers can file their complaint on a plain paper, with copies of supporting documents. They need not depend on an advocate and present their case personally. It is ‘summary trial’ in the Commission, where parts of Indian Evidence Act and CrPC are not strictly followed. Besides, there is a time frame. A complaint with the Commission should be disposed of in 90 days. There may be exceptions, due to appeals. Besides, only 45 days are given to the defendant, to file an objection.

What rights do consumers have?

Consumers have Right to Safety; Right to be Informed; Right to Choose; Right to be heard; Right to seek Redressal; and Right to Consumer Awareness.

What percentage of consumers approach the Commission directly, with their complaints?

A: Not many consumers directly approach the Commission. Even now, 75% of the consumers approach the Commission through advocates. To ease the process and also procedure, the Consumer Protection Act has provisions. They can approach the Commission personally and also file their complaints on a plain paper, supported by documentary evidence. They need not follow the procedures of a Civil Court, like filing a complaint only on green sheets. The Commission staff will also assist the aggrieved, to get justice.

Why is awareness on consumer rights lacking?

Awarenesss events are held by various agencies to mark National Consumer Day on December 24. Similarly, World Consumer Rights Day is observed on March 15. Besides, the District Consumer Committee, headed by the Deputy Commissioner, can plan events to create awareness on consumer rights and related issues.

What is the composition of the Commission?

The Commission in the district-level is headed by a president, who is usually a retired judge. Besides, there are two members, with one of them a woman. As per the Consumer Protection Act, 1986, the State Consumer Commission nominated the president and members of a district-level Commission. As per the new Act, the respective High Court should appoint the president and members.