A topic on ‘Consumer Rights and its relevancy to a lawyer’ was presented by Shri. Kezhokhoto Savi Advocate, Gauhati High Court & President NVCO during the two day Orientation Training of Panel Lawyers for Advancing Lawyering Skills conducted by Nagaland State Legal Services Authority(NSLSA) at SIRD, Kohima from 22nd to 23rd April, 2016’
During the interaction session several issues were put up such as price-rise and variation of prices in different district, maximum retailed price(MRP), unfair means of practices in dealing with building materials such ms rod, cement, etc and prices is always on the rise plus unfair means in weightment, price of perishable goods especially vegetable items are exorbitantly high in district like Tuensang, in what manner the public or civil societies could contribute so as to enable the state government particularly the district administration and municipal/town councils to control all the prices in a reasonable rates and uniformity, several old retired government servants complaints in dealing with the staff of Accountant General office in the process of getting the formalities of their pension benefits document done, implementation of National Food Security in the state & a similar implementation for Kerosene, where does the huge quantity of kerosene allocation for the state goes? Does kerosene allocation for the state is only for fuel adulteration? why only non-local are to deal or operate kerosene in Nagaland? who is responsible for the huge corrupt in dealing with kerosene in Nagaland? charges of local newspaper is different from district to district despite of the price printed on it , etc. On behalf of Nagaland Voluntary Consumers’ Organisation (NVCO) the resource person Kezhokhoto Savi assures the lawyers meet to take up the issue related with consumer problems with the competent authority and also encourage each lawyer to play an important role in reducing several consumers’ problems in the state faced by citizens in their daily activities. NVCO would be submitting RTI application in this regard.
Consumer Protection is a group of laws and organisations to design to ensure the rights of consumers as well as fair trade, competition and accurate information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair prices from gaining an advantage over competitors. Consumer Protection laws are a form of government regulation, which aim to protect the rights of consumers. Laws are necessary in the country to protect the consumers from hazards to their health and safety and make them available speedier and cheaper redress. Various enactment such as the Contract Act, the Standards of Weights and Measures Act, the Motor Vehicles Act, the Monopolies and Restrictive Trade Practices Act, the Food Adulteration Act, the Sale of Goods Act, etc, are found to be inadequate in providing immediate relief to the consumers. Hence, the Consumer Protection Act, 1986 has been enacted to provide better protection of the interests of the consumers by making provisions for the establishment of consumer councils, a three-tier adjudicating machinery for early settlement of consumer disputes and matters connected therewith. At the district there will be ‘District Forum’ to entertain consumer complaints where the value of goods or services and compensation does not exceed rupees twenty Lakhs, and the state level there will be a ‘State Commission’ to deal with the complaints where the claim exceeds rupees twenty Lakhs but does not exceed rupees one Crore and also to hear appeals against the orders of the District Forum. At the national level there is a ‘National Commission’ for complaints where the amount exceed rupees one Crore and also to entertain appeals against the orders of the State Commission. Prescribed Fee Payable(for filing a complaint) under Rule 9A of the Consumer Protection Rules, 1987. Every complaint shall be accompanied by a fee in the form of crossed Demand Draft drawn on a Nationalized Bank or through a crossed Indian Postal order in favour of the President of the District Forum, Registrar of the State Commission or the Registrar of the National Commission. The Act applies to all goods and services whether in private, public or co-operative sector. Now a consumer can initiate an action under the Consumer Protection Act against defective goods supplied or deficient services rendered even by public sector or government undertakings such as Railways, Telephone, Electricity Boards, Postal Authorities, etc. The scope of most of the provisions of the Act depends on the reach of the terms ‘goods’ and ‘services’. The Consumer Protection (Amendment)Act, 1993 inserted a new section, namely section 24A in the Act which provided for a limitation period of two years for filing the complaint. However, a complaint may be entertained after the expiry of two years, if the District Forum, the State Commission or the National Commission, as the case may be, is satisfied that there was sufficient cause for not filing it within that period. Consumer courts accept and deal with all sizes of consumer grievances from very small and seemingly insignificant matters to the largest without a lower monetary limit. Some of the common complaints before the District Forum/Commission are in the nature of Defective Goods, Deficiency in services, Unfair trade practices, Medical negligence, etc.
Nagaland State Consumer Helpline is an alternate consumer dispute redressal mechanism which is functioning through a Toll Free telephone No. 1800 – 345 – 3701 where a citizen can call and seek information, advice or guidance for his day to day consumer problems. This is a project granted by the Ministry of Consumer Affairs, Food & Public Distribution, Govt. of India jointly runs by the department of Legal Metrology & Consumer Protection Govt. of Nagaland and Nagaland Voluntary Consumers’ organisation(NVCO) to create awareness among masses and help the common man to know their rights under the Consumer Protection Act, 1986. The special message of the resource person to Panel Lawyers, Nagaland State Services Authority(NSLSA) and all the District Legal Services Authority(District LSA), member of the legal fraternity in the Bar and Judiciary as well – “A Vigilant Consumer is an Asset to the Nation”.
Press & Media Cell, NVCO
Ph: 9436209438(m)
