Independence
The National Consumer Disputes Redressal Commission functions under the Ministry of Food and Consumer Protection of the Union Government. Similarly, State and District Consumer Disputes Redressal Commissions function under the Food and Consumer Protection Departments of the State Governments. Since the Consumer Protection Department of the Central and State Governments is carrying out consumer protection related work, if a complaint is filed against the Consumer Protection Department, the Consumer Protection Commissions have the power to issue appropriate orders to the Consumer Protection Departments. In this context, it cannot be denied that the independence of the Consumer Commissions is questionable. Therefore, the Consumer Protection Commissions should be brought under the Ministry of Law.
Selection Committee
The Supreme Court, which ruled in November 2021 in a case filed between the Government of India and the Madras Bar Association, said that the Secretary of the Department should not be part of the selection committee while selecting the Chairman and members of the Tribunals that can investigate issues related to the subject handled by a government department. Based on this, the Secretary of the Consumer Protection Department should not be part of the selection committee. This will protect the autonomy of the Consumer Commissions.
Legal Aid
A legal aid fund has been set up to provide legal advice and assistance to the indigent in the Consumer Commissions. Studies show that less than five percent of consumers file complaints with the Consumer Commissions in cases of consumer problems. Even if consumer rights are affected, many indigent people who cannot afford to hire a lawyer and file consumer complaints do not approach the Consumer Commissions.
To overcome this shortcoming, just as there are District Legal Services Committees in the courts, it is necessary to set up a District Consumer Legal Services Committee in each District Consumer Grievance Redressal Commission and provide assistance to the needy. Appropriate legal amendments should be made to provide a way to set up such a system in the Consumer Protection Act itself. This will provide legal recognition to the District Consumer Legal Services Committee.
Legal Awareness
The Human Rights Commissions and the Child Rights Commissions have been given the task of creating awareness regarding human rights and child rights respectively as per the relevant law. Similarly, the legal services committees functioning in the courts are mainly doing the work of creating legal awareness. Consumer awareness will be spread if a Consumer Legal Services Committee is constituted in the District Consumer Commission in every district through an amendment to the law and this committee provides legal assistance to the consumers in need and consumer law awareness activities are carried out throughout the district.
Consumer Groups
The Consumer Protection Act has made a provision for voluntary consumer groups to file cases on behalf of consumers in the Consumer Commissions. In most cases, international business companies and large companies are the opposing parties in cases against consumers, so a District Consumer Legal Services Committee should be constituted to provide appropriate legal assistance to voluntary consumer groups through the District Consumer Legal Services Committee and to provide guidelines and audit work to voluntary consumer groups.
Welfare Fund
The law should be amended to provide a specific allocation of funds from the Consumer Welfare Fund established under the Central Goods and Services Tax (CGST) Act (2017) to the District Consumer Legal Services Committees.
