sponsored ads

Wednesday, December 21, 2011

Finality of orders of consumer forums...

The constitution of the consumer forums have been with a view to cater to the interest of vast consumers scattered all over the country so in addition to judicial analysis it is provided that some general people also can be included and keep their point of view for better governance,justice and transparency where in one is a women among the three paner members.
Basically according to the consumer protection Act all hearings are done by President and at least one member and in absense of one member president alone can not take up hearings and hearings here mean any kind of hearing and otherwise it can be said that the forum is incompetent to take up proceedings with only president so another member is necessary,but there is also provision that if in a forum president is only appointed and other members posts are vacant and not filled than president can take up hearings as usual.

When hearings of a complaint is complete the President writes the order and when it is signed by other members or the member present in the hearing than the order is complete but when they differentiate they will write the points of difference and send it to the third member for perusal and the order of the member with whom the third member agrees becomes the final order of the forum being the majority is the order principle followed.But one trickly and difficult situation arises when there are only two members including the President and the other member is not appointed and there is sure shot delay possible for the appointment of the same member and in these kind of forums when point of difference occurs , naturally the practice should be the orders of these members to be sent to the third member but when it is known that there is no third member there and no one is going to come soon than it becomes difficult to decide as the principle is the order which is disputed to be kept in abeyance till the third member is appointed but if so is it in favour of the consumers when the vary act is formed to handle consumer problems expediously and as soon as possible and a time frame is also made that every consumer complaint has to be decided within 90 days of its filing.

So if when the hearing is complete and because of this problem the forum have to keep the order for a long time like years than the law itself frustrates and the act requires assessment and amendment on many points.

No comments:

Post a Comment

sponsors ads