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Tax4india ›› Indian Law ›› Consumer rights
Consumer Rights
- Consumer rights were to be put in a separate chapter so that violations of the same could be an additional ground, if not the basis of a complaint. These will now continue as decorations in COPRA, for the central council to ‘talk, about - only once in a year, as against twice as recommended’.
- Services rendered by public health care system and civic bodies were to be covered, as they are not charities but are run from the taxpayer money. So that consumer could get value for money and these white elephants are brought to heel. The union health ministry prevailed.
- Lawyers were to be debarred except when the complainant had engaged one, or with his consent or if the consumer court directed the parties to engage lawyers, when questions of law were involved. This was recommended because lawyers often delay the settlement of cases by court craft etc. Apparently the belligerent lawyers lobby proved stronger.
- Writ jurisdiction of high courts has to be excluded by bringing COPRA under Article 323B of the constitution as their interference, particularly the Calcutta High Court, delays the proceedings especially when an hierarchy of appeals is provided under COPRA where the Supreme Court is the ultimate arbiter.
- Empowering Consumer Courts by giving them the authority to order cease and desist, or interim injunction or take suo motu action (of its own accord and on its own information) like the MRTP Commission, so as to meet the ends of justice have not been incorporated. For, bureaucrats felt that it would give unbridled power to over 450 district fora and 30 state commissions and that would have created havoc.
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