Conference of Presidents of
State Commissions and Secretaries (Consumer Affairs) of the States/Union
Territories
to review the functioning of Consumer Fora
on 15th and
at Scope Convention Centre,
Scope Complex,
7, Lodhi Road, New Delhi.
AGENDA
|
S. No. |
Items |
Pages |
|
1. |
Utilisatioan of Grant given by the
Central Government under the ‘Integrated Project’ for strengthening the
infrastructure of State Commission/District Fora in the country |
1 - 2 |
|
|
|
|
|
2. |
Subjects affecting the Consumers |
3 |
|
|
|
|
|
3 (a). |
Pendency & disposal of cases
and steps to be taken for effective functioning of the Consumer Fora |
4 – 6 |
|
3 (b). |
Initiate action well in advance
for filling up the vacancies of the Presidents & Members of the Consumer
Fora by preparing a Panel of selected candidates |
7 – 8 |
|
3 (c). |
To consider re-appointment of the
Presidents/Members, who are having good records |
9 |
|
|
|
|
|
3 (d). |
Clubbing of the District Fora
where pendency is less |
10 |
|
|
|
|
|
4. |
Setting up of additional Fora
where pendency is more |
11 – 12 |
|
|
|
|
|
5. |
Holding of regular Conferences of
Presidents and Members of the District Fora and Members of the State
Commissions |
13 – 14 |
|
|
|
|
|
6. |
Computerisation and Computer networking of Consumer Fora under the “Confonet Project” |
15 - 17 |
|
|
|
|
|
7. |
Alternative disputes resolution
mechanism in the form of Lok Adalat for speedy disposal of consumer cases |
18 – 19 |
|
|
|
|
|
8. |
Constitution of a panel of Doctors
at State level for getting assistance in medical matters pending before the
Consumer Fora |
20 |
|
|
|
|
|
9. |
Power vested with the President,
NCDRC and State Commission to withdraw judicial work from any President/
Member of State Commission/ District Forum |
21
- 22 |
|
|
|
|
|
10 |
Non-implementation of Orders of
Consumer Fora |
23 |
|
|
|
|
|
11. |
Utilisation of fee for filing
Complaint |
24 |
|
|
|
|
|
12. |
Uniform payment (Salary/perks) to
Members of the State Commissions & District Fora |
25 |
|
|
|
|
|
13. |
Implementation of the Consumer
Protection Regulations, 2005 |
26 |
|
|
|
|
|
14. |
Implementation of the provisions
of Right to Information Act, 2005 |
27 – 28 |
|
|
|
|
|
15. |
Annexure
– I (Guidelines for utilisation of Grant released under the scheme Integrated
Project) |
29 – 32 |
|
16. |
Annexure – II (Assistance released under the
Scheme Integrated Project) |
33 |
|
17. |
Annexure – III (Statistics of National Commission
& State Commissions) |
34 |
|
18. |
Annexure – IV (Statistics of District Fora) |
35 |
|
19. |
Annexure – V (Vacancy Position) |
36 |
|
20. |
Annexure – VI (Functional & Non-functional
State Commission, and District Fora) |
37 |
|
21. |
Annexure – VII (Hardware supplied to Consumer Fora
in Phase – I & Phase – II) |
38 – 39 |
|
22. |
Annexure – VIII (Cases disposed of by Lok Adalats) |
40 |
|
23. |
Annexure – IX (Statement of Honorarium) |
41 – 46 |
|
24. |
Annexure – X (Infrastructure facilities available
in the State Commissions) |
47 - 48 |
CONFERENCE OF PRESIDENTS OF STATE COMMISSIONS AND SECRETARIES IN-CHARGE OF CONSUMER AFFAIRS OF THE STATE GOVERNMENTS/ UNION TERRITORIES TO REVIEW THE FUNCTIONING OF CONSUMER FORA ON 15TH & 16TH MARCH, 2007 AT SCOPE CONVENTION CENTRE, SCOPE COMPLEX, 7, LODHI ROAD, NEW DELHI.
Utilisatioan of Grant given
by the Central Government under the ‘Integrated Project’ for strengthening the
infrastructure of State Commission/District Fora in the country:-
The scheme of Integrated
Project on Consumer Protection envisages extending further financial assistance
to the States/UTs to supplement their efforts in strengthening the
infrastructure of consumer fora.
Assistance is being extended to meet the critical gap in infrastructure
so as to provide a minimum level of facilities to these consumer fora for
making them fully functional. Assistance is being extended based on the norms
(infrastructural benchmark) of Rs.36.00 lacs for a District Forum and Rs.90.00
lacs for a State Commission, formulated by the Department of Consumer Affairs
and the guidelines adopted thereafter by the Committee, functioning under the
Chairpersonship of Additional Secretary, Department of Consumer Affairs,
Government of India. The norms and guidelines have already been circulated to
all States/UTs before the last meeting with Secretaries In-charge of Consumer
Affairs in States/UTs, held on 25.8.2006. The guidelines issued by the
Department of Consumer Affairs is annexed as Annexure - I.
As on 21.2.2007, a total amount of Rs. 21,17,88,000 has been released so
far as first Installment to 10 eligible States under this scheme. The details
of the assistance sanctioned and the amount released to these States may be
seen in the table at Annexure – II.
In case of non-building assets, the assistance is being released in one installment, while in case of building assets, the assistance is being released in two installments – the second release being subject to the State Government reporting satisfactory progress in utilization of the first installment. Normally progress will be taken as satisfactory, if utilization is 100% in respect of the amount of grant released for non-building assets and a minimum of 50% in respect of the amount released in the first installment for building assets. State Governments are expected to fully utilize the portion of the grant meant for non-building assets by 31-3-2007 or six months from the date of issue of the sanction letter releasing the first installment, whichever is later and for the buildings by 31-3-2008, submit their utilization certificates in the prescribed performa by the date.
The State
Governments/UTs are requested to utilize the Central Government Grant
immediately.
The Secretaries may further
deliberate upon the issue.
Agenda Item No. 2
Subjects affecting the Consumers
i)
Electricity - The
cases of ‘Over Billing’ by the State Electricity Boards/ Transmission
Distribution Companies on the alleged ground of ‘theft’ and other electricity
related matters may be discussed in the presence of the Secretaries, Consumer
Affairs of the State Governments so that they can throw some light on the
subject, particularly in the context of powers under the Electricity Act, 2003.
ii)
Housing – It is a
high time for the State Governments to control the ‘unfair trade practices’
adopted by Housing Boards and/or Private Agencies, relating to their
liabilities in cases of delay in construction. Whether the State Governments
can prepare appropriate Rules to control such and other related unfair trade
practices in the Sector?
The matters may be discussed further
in the Conference.
Agenda Item No. 3 (a)
Pendency
& disposal of cases and steps to be taken for effective functioning of the
Consumer Fora:-
In
compliance with the provisions of Section 24B of the Consumer Protection Act,
1986, all the State Commissions are required to furnish statistical data, in
the prescribed proforma, in respect of the cases filed, disposed off and
pending before them.
The said statistical information is
useful not only for monitoring the functioning of the Consumer Fora in the
States but also is helpful to suggest remedial action. The replies
to the Parliament Questions and Questionnaire of the Standing
Committee of the Parliament
are prepared on the basis of
information received from the State Commissions. Most of the State Commissions/District Fora
are sending their reports/statistical information regularly. However, still
some of the State Commissions/District Fora are not sending the statistical information
on regular basis.
Further, to review the functioning of
each District Forum, the statistical information regarding filing, disposal and
pendency in respect of all the Consumer Fora is required individually. Therefore, all the State Commissions are
required to collect the said information from each of the District Forum and
the District Forum-wise information, in the form of a consolidated statement,
may be sent to the National Commission as requested for.
All the State Commissions/District Fora
are requested to send their reports/information on regular basis to the
National Commission as well as Department of Consumer Affairs, Government of
India.
As on 28.02.2007, the overall disposal
rate is 90.33% in respect of the District Fora, 72.31% in respect of the State
Commissions and 80.60% in respect of the National Commission. On perusing the overall disposal rate, in
spite of lack of funds, manpower and infrastructure, it is clear that the
disposal rate is a trendsetter for all quasi-judicial organizations.
Though,
the overall disposal rate in the Consumer Fora is quite satisfactory yet there
are several District Fora and State Commissions, where the pendency of the old
cases is very large. To reduce the
pendency of these old cases, an endeavor be made to dispose of these old cases
on priority basis so that the stipulated time
limit mentioned in the Consumer Protection Act, 1986 may be
adhered.
At present, only the quarterly reports are being furnished by the State Commissions in respect of the information regarding filing, disposal and pendency of the cases before the State Commissions and District For a, but the Department of Consumer Affairs, Government of India has now impressed upon on all the Department of Consumer Affairs in the State Governments/UTs to furnish the monthly and quarterly reports on regular basis.
In view of the above, the Registrars/Secretaries of all the State Commissions are requested to furnish the above data in respect of the State Commission and each of the District Forum functioning in the State and also send a separate list of pending cases year-wise, district-wise so that in future their problems relating to their work load can be discussed in the Conference.
Statements containing pendency of cases in the National Commission,
State Commissions and District Fora are annexed as Annexures III & IV
respectively.
Agenda Item No. 3 (b)
Initiate
action well in advance for filling up the vacancies of the Presidents &
Members of the Consumer Fora by preparing a Panel of selected candidates.
It is the responsibility of all the
Consumer Fora to dispose of the cases within the time limit as stipulated in
the Act. One of the main reasons, for
delay in disposal of cases is vacancies of the posts of President/ Member in
the State Commissions/District Fora. It
has been reiterated time and again in all the Conferences/ Meetings held
earlier to prepare an advance Panel of selected candidates and fill up the post
immediately from the said Panel. Hon’ble
President of National Commission, during his visit to the States, also
impresses upon the State Governments to
advertise the vacancies and to prepare a Panel, well in advance. The vacant posts of Presidents/Members of
the Consumer Fora should be filled up immediately for their smooth functioning and for timely disposal of
cases.
However, even after repeated requests,
most of the State Governments/UTs are not preparing an advance Panel of
selected candidates and posts are lying vacant for months together and even after recommendations of the Selection
Committee, appointments are not taking place in time. It is made clear that the recommendations
made by the Selection Committee should generally be accepted by the State
Government. Accordingly, all the
Secretaries In-charge of Consumer Affairs of the State Governments/ Union
Territories are requested to take necessary steps in this regard. A statement showing the vacancy position in
the State Commissions and District Fora is enclosed as Annexure – V.
All the vacant posts of the Presidents
and Members should be filled up at the earliest.
Due to the vacancies of Presidents &
Members, 22 District Fora are non-functional.
A statement showing the numbers of
functional/non-functional State Commissions and District Fora is enclosed
herewith as Annexure - VI
Agenda Item No. 3(c)
To
consider re-appointment of the Presidents/Members, who are having good
records:-
It
was also unanimously resolved in the earlier Conferences that to make the State
Commissions/District Fora functional and to avoid the lengthy procedure for
filling up vacant posts , the State Governments in terms of the Consumer
Protection Act, 1986 may consider re-appointment of the
Presidents/ Members, who
are having a good
record of performance during their tenure.
In this way, the Fora can get an experienced person and work
in the Fora will not hamper due
to vacancies.
Agenda Item No. 3 (d)
Clubbing
of the District Fora where pendency is less :-
Though,
no specific data is available district-wise
in respect of the cases filed, disposed
off and pending with the State
Commissions, President of the National
Commission while visiting the State Commissions, has pointed out that there are
several District Fora, where filing of cases are very few and to retain the
District Forum in such District is not viable.
Accordingly, it was suggested that
State Government on the recommendation of the President of the State Commission
may club such a District Forum with the
nearby District Forum in the State so that the manpower and
infrastructure may be utilized optimally.
The State Governments may consider this aspect of the matter.
Agenda Item No. 4
Setting up of additional Fora where pendency is more :-
The Parliament Committee of the Department of
Consumer Affairs, Government of India suggested that additional Fora be set up
where pendency is large. Accordingly, the following States were requested to
create additional Benches shown against
each and the matter was also discussed in the Conference held on 17.8.2005. The
following States have to set up the additional Benches:
States Additional
Benches
1. Andhra
Pradesh 1
2. Bihar 2
3. Delhi 3
4. Gujarat 3
5. Haryana 4
6. Karnataka 2
7. Kerala 2
8. Madhya
Pradesh 2
9. Maharashtra 5
10. Orissa 4
11. Punjab 3
12. Rajasthan 5
13. Tamil
Nadu 3
14. Uttar
Pradesh 6
15. West
Bengal 1
However, till date, only the States of
Uttar Pradesh, West Bengal, Maharashtra, Gujarat have taken steps to create
additional Benches in the State Commissions.
The suggestions are also being received
from the State Commissions that there are several Districts, particularly in
urban areas, where the awareness among the consumers is very high. Consequently, filing of consumer cases is
also very high. In such a situation,
setting up of additional District Fora
was proposed and some State Governments have already taken steps in this regard. Hence,
the other State Governments, where pendency is large, may also take
necessary steps for creating additional District Forum.
Holding of
regular Conferences of Presidents and Members of the District Fora and Members
of the State Commissions :-
After visiting and monitoring the
functioning of different State Commissions and District Fora in the country and
with a view to attain the speedy disposal of consumer cases pending before the
State Commissions/ District Fora, the Hon’ble President of the National
Commission has written to all the Presidents of the State Commissions to
hold regular Conferences of the
Presidents and Members of the District Fora and Members of the State
Commission.
The main purpose of such
Conferences is to impart training to the
newly appointed Members. Besides, the Presidents of the State Commissions will
also have an opportunity to interact with all the Presidents and Members of the
District Fora to assess their
performance as well as to know the problems being faced by them.
It has, further, been suggested by the
Hon’ble President of the National Commission that teachers/ professors of Law
colleges and also some law students of 5 years LL.B course, who are willing,
may be invited to render assistance. The Conference will also help as an in house monitoring mechanism, to give
a flip to new initiatives and also to
watch the progress of implementation of the Act. Further, the Fora, which have
the networking facilities on their computer may also apprise about the progress
on monthly basis. Secretaries In-charge,
Department of Consumer Affairs in the State Governments/ Union Territories are
impressed upon to participate in such
Conferences organized by the State Commissions and also to provide the
financial assistance to meet the expenses in conducting such Conferences.
Agenda Item No. 6
Computerisation and Computer
networking of Consumer Fora under the “Confonet Project”.
A scheme for
“Computerization and Computer Networking of Consumer Fora in the Country”
amounting to Rs.48.64 crores has been launched through National Informatics
Centre (NIC) as a turnkey project to be implemented in three phases in three
years from 2004-2005. The objective of this scheme is to provide I.T. solutions
in order to achieve e-governance, transparency, efficiency of consumer fora and to facilitate disposal of cases in a time
bound manner. Under the scheme, the NIC
is providing the necessary hardware, system software, developing application
software and will provide maintenance as well as necessary training to the
officials of the Consumer Fora. The scheme will help in systematizing
processing of various types of cases, data & generation of reports and also
facilitate better administrative control. According to the MoU singed between
the Central Government, State Government and the NIC, after completion of the ‘CONFONET’ Project, the States would be
required to own and utilize the project w.e.f. 1.4.2007.
This scheme
would enable consumers to file their complaints online and to see the status of
their cases on the website. Under the scheme all consumer related websites i.e.
those of National Commission, State Commissions and District Fora, the
Department of Consumer Affairs at the Centre as well those of States/UTs, CORE
centre, National Consumer Helpline etc. will be interlinked so that consumers
can access any consumer related information from any of these websites. In
order to ensure that the project is successfully completed on time, the
States/UTs are requested to make all out efforts in removing all the hurdles
and ensure its smooth implementation in coordination with the NIC and the Consumer Fora.
As reported by
NIC, the NIC has supplied hardware to 33 State Commissions and 533 District
Fora. Out of these 566 locations, installations have been completed at 180
locations. Installation is pending in 386 locations due to non-availability of
the installation facilities e.g. power points, cabling, furniture etc. As per
the policy decision, the NIC is also allocating a sum of Rs.60,000/- &
Rs.30,000/- for State Commission and each District respectively for computer
site preparation subject to the condition that the work be carried out by PWD
or any other Agency, certified by the State Secretary. The Secretary,
Department of Consumer Affairs, Government of India has directed that all out efforts should be
made to speed up the installation of hardware and software with network
connectivity at all the locations, where computers have been supplied.
The NIC is
also providing training to the Members of staff of the State Commissions and
District For a. The controlling Agency for implementing the Project is State
Information Officers (SIOs) and District Information Officers (DIOs) at State
and District levels respectively. The National Commission has already provided
necessary inputs for developing the software of the case monitoring system.
Full
co-operation of all the participants of the Project is required for the timely
success of the Project.
The progress
of implementation of the CONFONET Project State-wise as reported by NIC is
given at Annexure –VII.
Alternative disputes resolution mechanism in the form
of Lok Adalat for speedy disposal of consumer cases:-
During the conference
held on 17th August, 2005, the following suggestions for speedy
disposal of consumer grievances were taken up for discussion:-
i)
“Consumer Fora could be declared as
a Lok Adalat by the Legal Services Authorities Act making the award equivalent
to that of Lok Adalat and non-appealable. Even otherwise, it could hold
sittings similar to Lok Adalats on pre-announced date.
ii)
The Presiding Officer and Members
could persuade the parties during regular hearing to come to the just and
mutual agreement and have the case decided on the date of Lok Adalat.
iii)
Senior Officers of the Department of
Consumer Affairs of the State could hold
meetings with their counterparts in the
concerned Government Departments whose cases are pending in the Consumer
Fora and request them to expedite settlement of these cases.
iv)
There should be regular interaction
between Presiding Officer, District
Collectors and NGOs working in the District.
v)
Mass Consumer Movement can be built
up by utilizing the services of NGOs, prominent public personalities etc. Their cooperation could be solicited for
settling consumer grievances.
The State Commissions/ District Fora should hold
Lok Adalat on the last working Friday or
Saturday of every month and list about 20 cases for settlement on each
sitting. They may also associate with
them representatives from outside.”
As per the Reports, as on date only 9 State Commissions and in District Forums in12 States are holding Lok Adalats. A statement showing the number of cases disposed of by holding Lok Adalats is annexed as Annexure - VIII.
The State Commissions,
which are not holding Lok Adalats, are requested to start holding of Lok
Adalats.
Further, it is reported that State Governments
are not extending their helping hand in respect of payment of honorarium to the
outside Members. State Governments are requested to provide necessary financial
assistance to the State Commissions for payment of remuneration to outside
Members.
Constitution of a panel of Doctors at State level for
getting assistance in medical matters pending before the Consumer Fora:-
A Panel of Doctors and
Medical Practitioners be constituted at State level for obtaining expert
opinion in medical negligence cases by the State Commissions & District
Fora. This will help them in quick disposal of medical negligence cases. They
may be paid a reasonable honorarium for giving their expert opinion. In this
way, the Consumer Fora can render equitable justice to the consumers.
Power
vested with the President, NCDRC and State Commission to withdraw judicial work
from any President/ Member of State Commission/ District Forum:-
A large number of
complaints are being received in the office of the Hon’ble President of
National Commission regarding the conduct of the Presidents and Members
particularly at the District Fora level. Though, the National Commission is
seeking report on these complaints from the Presidents of the State
Commissions the State Commissions are
expressing their inability to take any cogent action against such Presidents
and Members particularly in the absence of any express provision in the Act to
vest the power for taking action against such
defaulting Presidents and
Members.
For example, in the State of Bihar, the
President, State Commission has issued an Order
withdrawing judicial work from
the Presidents of District Fora of Mujaffarpur & Purnia for remaining
absent and disobedience of the directions issued by him. The State Government
of Bihar instead of taking appropriate action has stayed the Order passed by
the President of the State Commission and allowed them to continue to work.
In view of the above
position, it will not be possible to implement the provisions of Section 24B of
the Consumer Protection Act, 1986.
Therefore, it seems that the immediate need of the hour is to pass a
resolution in the Conference to vest the power with the Presidents of the NCDRC
and State Commissions to withdraw judicial work from Presidents & Members
of the State Commissions and District Fora, if their performance is not up to
the mark and disobedience of the directions issued by them.
Agenda item No.10
Non-implementation
of Orders of Consumer Fora
The National Commission
is also in receipt of complaints from the consumers that to execute the order
passed by the Consumer Fora are taking more time than the time taken for the disposal
of case before the Fora. District Fora
are also not taking steps under Sections 25 and 27 of the Consumer Protection
Act, 1986 to execute the Order seriously.
This is causing harassment to the consumers. The State Commissions & District Fora should
take necessary and immediate steps for executing their Orders within the
stipulated time with the help of Government Agencies.
Utilisation of fee for filing Complaint:-
After the amendment in
the Consumer Protection Act in 2002, fee
has been levied for filing complaint
before the District Fora/State Commission/National Commission. In the case of State Commission/District
Forum, the said fee so received is to be credited in the Consumer Welfare Fund
of the respective States and where such Fund is not established it shall be
credited in the Receipt Account of the
State Government; and in the case of National Commission to the Consumer
Welfare Fund of the Central Government.
The National Commission
has sent a proposal to the Department of Consumer Affairs, Government of India
to bring an amendment in the Consumer Protection Rules, 1987 regarding
utilization of fee by the Consumer Fora, received for filing a complaint for
meeting the miscellaneous expense i.e. postal stamps, computer cartridges,
photostate paper, stationery items etc., which are required on daily basis
because allocation of funds by the State Governments are not sufficient.
State Governments are paying different honorarium/salary /remuneration to the
Presidents & Members of the State Commissions/District Fora even though they are performing same nature
of functions. A uniform amount is to be
fixed for the payment of honorarium/salary to the Presidents & Members of
State Commissions and District For a throughout the country.
A Statement showing the
salary/honorarium/remuneration being paid to the Presidents & Members of
the State Commission & District Fora is annexed as Annexure- IX.
It is seen that except the Presidents of the State Commissions and the
District Fora, there is no uniformity in the pay and perks payable to the
Members of the State Commissions and the District Fora, which have caused resentment
amongst such Members particularly, where the Members have been appointed on
full time basis. The Secretaries of the
Department of Consumer Affairs of the State Governments/UTs may discuss the
issue and consensus may be reached to bring uniformity in pay and perks of
Members of the State Commissions and the
District Fora when the appointments are made on full time basis.
The National Commission with the approval of Central Government has notified the Consumer Protection Regulations,
2005.
The Regulations were
forwarded to all the State Commissions for implementation by all the State
Commissions and District Fora. But, it has been observed that even after the
notification of Consumer Protection Regulations, the State Commissions and
District Fora are not following the same.
It is the responsibility of the State Commissions / District Fora to
strictly follow the Regulations framed by the National Commission. The National Commission is in receipt of the
various complaints from the consumers, particularly those, who are facing
difficulties in obtaining certified copy
of an order in time. The complaints are
also regarding the procedure being adopted by several District Fora, which are
in vogue in the civil courts and causing
delay in disposal of cases, issuance of certified copies etc. Under Rule 15 (9) of the Consumer Protection
Rules, 1987, the National Commission is issuing the certified copy of an order
to the parties concerned free of cost. As such, the State Commissions &
District Fora should supply certified copy of the Orders free of cost to the
concerned parties, as per Regulation 21 of the Consumer Protection Regulations,
2005.
The Government of India
has enacted the Right to Information Act, 2005 under which information is to be
provided to public.
Since the consumer Fora
all over the country are dealing with the consumer cases and as per the
provisions of the Consumer Protection Act, 1986, the question regarding
disposal of cases as provided in the statute, issuance of the certified copy
and any other procedural information has to be provided to the consumer in
general as per the Right to Information Act, 2005. All the State Commissions are impressed upon to direct the District Fora
functioning under them to comply with
the provisions of the Right to Information Act, 2005 and necessary
machinery such as designation of Public Information Officer (Section 5),
Disposal of Request (Section 7), Grounds for rejection to access in certain
cases (Section 9) be complied with. The
National Commission is also receiving the applications under Right to
Information Act, 2005 from complainants – consumers; what are the reasons for
dismissing the complaints/ appeal/ revision petition even though having the
full knowledge of the case being listed for disposal before the Bench and even
after receiving the copy of the order.
Though there is no expressed provision in the Right to Information Act,
2005 to reject such applications but when there is a provision to file an
appeal/ revision petition against the impugned order of a Fora to the higher
Forum then such kind of information is not required to be solicited from the
Registry of the Consumer Fora on administrative side since the Fora/
Commissions and its Benches are quasi-judicial bodies beyond the scrutiny of
the order passed judicially by any authority individually.
The matter may be
discussed further in the Conference.
* * *