Professional & Knowledgable Law Team

Tuesday, September 20, 2011

UT yet to set up Consumer Protection Council

Chandigarh, September 19
Even though Chandigarh is leading the country on the judicial front of the Consumer Protection Act (CPA), with the highest average percentage disposal rate of 97 per cent yet on the administrative side, the city has failed to establish any Consumer Protection Council (CPC) even after 25 years of the enactment of the CPA in 1986.
Under Sections 6 to 8 in Chapter II of the CPA the setting up of the CPC is mandatory which provides for the establishment of the council at the Central and state levels for the avowed purpose of promoting and protecting the rights of the consumers.
Initially, the provisions were not compulsory, but the Consumer Protection (Amendment) Act of 2002 made the creation of councils mandatory by incorporating Section 8A, which states that the state government (UT administration) shall establish for every district by notification, a council to be known as the District Consumer Protection Council (DCPC) with effect from such date as it may specify in such notification.
The DCPC would consist of members such as the Collector of the district who would be the chairman and such number of other official and non-official members representing such interests as may be prescribed by the state government.
The council would meet as and when necessary but not less than two meeting to be held every year and the members would meet at such a time and place within the district as the chairman may think fit and would observe such procedures in regard to the transaction of its business as may be prescribed.
Chandigarh, Consumer Courts Bar Association president Pankaj Chandgothia, said, "The amendment was made effective from March 15, 2003 (World Consumer Day), but even after more than 8 years of the amendment, the UT administration continues to ignore the legislative intent adversely affecting the consumer protection movement in this area”.
Recently, in a DO letter to the departments concerned, GN Sreekumaran, joint secretary, Ministry of Consumer Affairs, New Delhi, has stressed upon the need for establishing the district and state councils, at the earliest.
Chandgothia further alleged that in the absence of these statutory councils, private consumer protection associations were mushrooming, some of which were exploiting the consumers on the pretext of guidance.

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