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.
 

Execution Procedure under Consumer Protection Act 1986 India.

Once a litigation reaches to its end and order is passed either of the contestants win and the order is passed against the other. Now according to consumer laws these orders can be for anything like correction of any error, problem, or doing something to correct the complaint for which litigation was initiated and manythings as per the provisions within a time frame and the person to whome directions are made is generally called JDR who has to comply with the order passed by the District Forum, State Commission or National Commission.
There is a little technicality out there.If someone wishes to challenge this order the party may prefer an appeal to this order before the superior forum within one month of time and if that is not done the order of the forum becomes final and further actions will be taken if the orders are not complied within time which is called the execution proceedings.The consumer act being liberal in construction gives time to the party who has to obey the orders specific time period and which starts from the day and time when the order comes to the knowledge of the party to whome directions are made.
If even after the time period passes and the party does not comply with the orders or does not prefers an appeal execution proceedings can be started in the same forum where orders were passed. This can be under two sections that is 25 and 27.
There is no restrictions to proceed with execution proceeding with only one section or with both of them, neither there are any restrictions or rules about whether one should go with first section 25 or section 27. Proceeding under section 25 is fully of civil nature but one under section 27 attracts criminal liability and punishment embedded. When acting under this section the forum acts like a criminal court which can use the powers same as a judicial magistrate of first class.

Under section 27 fine can be imposed above the orders which may be anything between RS 2000 to Rs10000 and jail term from one month to three years.

Whether Civil Procedure Code can be applied to Consumer Protection Act 1986?

Our legal work is practised according to the details and rules made via the enactment of Civil Procedure Code wherein all the procedures of various legal processes is determined and those are mandatory to perform while conducting complaints and litigations and everyone related is bound by them.But CP act is a separate creation of legislature which is meant to give solace to the hurt and manipulated consumers by the greedy business class.

Many a times or say each time advocates who conduct consumer cases also in consumer forums though it is neither mandatory nor required if someone has got some knowledge of the consumer laws...use the processes as enumerated in civil procedure code but as per the consumer protection act it is expressly provided that only a few provisions which are basically related to calling for evidence are only applicable to this act and nothing more than that.Again when nothing is expressly provided in the consumer protection act, or rules or regulations than for smooth adjudging one takes resort to the procedures of civil procedure court but this too also not to be misused.

The misuse is often seen while seeking adjournments to the hearings.. and evidences even though it is expressly provided that even the evidence act is also not applicable to consumer cases.So if anyone is conducting a legal proceeding personally in any consumer forum they can gather some knowledge on this line on the various provisions available so to check any manipulations...or may bring to the attention of the forum if something negative is happening.what is needed is a better understanding.

will discuss various provisions in the next post...

jai hind...

National Consumer Day 2012

Yesterday we celebrated National Consumer Day 2012 at Samaleswari High School,Ambapali,Bargarh,Odisha,India to aware people and children about the consumer laws available for them and how they can take the benefit of those laws.The reason behind this is that even though the consumer protection Act is 25 years old many people do not know about these laws and only some people who are active politically and people related to courts and law are  taking the benefit leaving a big mass behind.This is our small try to make this laws known to people and release any fear relating with this.

The meeting ended with singing of Utkala Sangita that is Bande Utakala Janani praising our state Odisha which was sang by the girls of the high school.

How consumer forums operate?partone

I will not go into the technical part or manuall paper work but will try to give a general outlook and simple understanding about how consumer forums operate in our country.consumer forums are established in each and every district in all states of India under the enactment of consumer protection Act 1986.
The main role of the consumer law is to protect consumers from cheating in many manners and different forms and helping them get quality goods and services for the money they spend and at the same time protecting consumer interests for the benefit of larger masses.Elemenating malpractices by business owners and sellers.
So when a consumer feels aggrieved and even after trying do not get satisfactory answers to his grievance from the owners or sellers of a poduct or service he can lodge a complaint at the consumer forum but to lodge a complain the law provides that an office of the company or sellers should be in the area where the complaint is lodged,If that company do not have any business in the area where the consumer stays he can not lodge a complaint .
when a complaint is received it is scrutinized and looking into the papers an initial hearing is set on a day to hear the complaint of the petitioner by himself or through his advocate if he has appointed someone.Once this preliminary hearing is done the forum decides whether the complaint can be admitted or rejected.Once it is admitted further notification to the owners or sellers who are the opposite parties are made and next dates are fixed for further hearing and contest,otherwise the process stops there.