Tuesday, September 2, 2014

Amendment proposal to Consumer Protection Act, 1986

Quite happy news that after 2002 a proposal for amendment of the consumer protection act 1986 is mooted recently, although there seems some things are still not attended for example :-in case when president and only one member doing the hearing and while passing order differ with each other on different points and then the order has to be referred to the third member for his opinion it is kept same though a lot of difficulty is seen working with this section of the law which prescribes that the differing order is to be referred to the third member for opinion and hearing and here inclusion of hearing gives rise to hearing being taken separately once again and noticing all the parties and so on which complicates the procedure ad also delays the matter further.There also lacking any provision in case this third member do not agree with the other two member...so finer points are till needed to be rectified and I think this has happened because feed back from those who work at the grassroot level are not heard , or taken care off but most of the technical difficulties are attended.

Get a detailed reading of the proposed amendment act clicking the link below.

http://consumeraffairs.nic.in/consumer/writereaddata/AmendmentCPU.pdf

you can email/write your feelings or feedbacks to

 Dscpu-ca@nic.in

or

Shri Premraj Kuar
Deputy Secretary (CPU)
Department of Consumer Affairs
Room No. 251, Krishi Bhawan
New Delhi, 110001


Thursday, July 24, 2014

Provident Fund Complaints whether can be entertained in consumer forums under CP Act1986 India

Eemployees are covered two kind of provident fund when they are on jobs..that is general provident fund and employee provident fund and from this two all those problems that are related to employee provident funds can be entertained in consumer forums in india as per laws.


So Employee is a Consumer under the Consumer Protection Act
The Regional Provident Fund Commissioner is providing ‘service’ and the subscriber to the Employees Provident Fund scheme can be termed as a ‘consumer’ under the Consumer Protection Act. Also, delay in discharging the money or improper allocation of it can be called a ‘deficiency in service’. This was held in the case of Regional Provident Fund Commissioner v Shiv Kumar Joshi. Inspite of this, the Employee Provident Fund Act has provisions for Dispute Redressal.

Although the Employee provident fund organization has got its own grievance redressal mechanism which speaks that all kinds of complaints related to EPF are to be put first here before going to consumer forums but they are covered under the CP act 1986.
unlawful delay in payment of advance is also a deficiency of service as per consumer laws.There are cases where NCDRC compensated complainants suitable for the defaults.So if you are an employee covered under EPF and your grievance is not redressed by the organization consumer forums can rescue and compensate the tension and losses you suffered.
 


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