Friday 7 June 2013

CONSTITUTION OF CONSUMER MINISTRIES IS NEED OF THE HOUR FOR SUCCESSFUL IMPLEMENTATION OF FOOD SECURITY BILL & REAL ESTATE REGULATION BILL ETC.

About 15 years from now, there was a discussion in the meeting of Akhil Bhartiya Grahak Panchayat, an all India based consumer organisation. Subject was that consumers interests comes under the ambit of different ministries i.g. Oil & Natural Gas, Surface Transport, Agriculture, Finance, Power, Telephone, Railway, Civil Aviation Food, civil supply etc. etc.. How a minister given additional charge of consumer Affair ministry along with Food and Civil Supply can safeguard the interests of consumers. This minister neither have any powers to interfere with the working of other ministries, where consumer interests are at stake. Nor have any machinery to look in to such a vast task at district level and beyond. This minister handles all its activities with the machinery provided to him for food and civil supply. If one look in to the effectiveness of this machinery, one will be able to gauge very easily, that what kind of service this machinery is able to provide huge base of consumers. Actually they provide nothing. That is why whole purpose of Consumer Protection Act is defeated, now a days consumer justice machinery, which had started with great fun and fare, cheap justice, speedy justice is reduced in to a complete legal courts, which was incorporated as a forum, with two members from the social work experience. Which are suppose to mediate between Fora's and consumer after realizing and understanding actual problem consumer is facing. Have started behaving like boss'es of a judicial system. Now a days Consumer is afraid to approach these forums, because of complex-ed legality. No matter can be moved forward in absence of a lawyer because of complex-ed legality. Matters are pending for years together. Where is the promise of cheap and speedy justice in THREE month's time. Doe's all those who advocate the idea that it is impossible to deliver judgement with in Three months time, means that all those worked out this enactment and passed this Act. were fools. There are states like Maharashtra, who have issued TUGHLAKI FARMAN'S of more then 40 odd points, a consumer have to compile it before filing a complaint. It has become impossible for Consumer to approach these fora's at his own. The machinery involved in issuing such orders is working at the behest of some individuals, want to reduce this noble and golden act in to ashes.If you go through the soul, definitions and purposes of this enactment, as expressed at various occasions by Justice B V ERADI, first President of National Commission. You will realize, that we are proceeding in opposite direction,not able to keep and maintain promises, given to the consumers of the country by this Act. ministry of Consumer affairs of Center and state have no role to play, except look in to the daily affair of administration of the Fora's, constituted under the Act. This situation is not only with the consumer Protection Act, but where ever consumer protection mechanism is provided it is working in the same style.

Grahak Panchayat workers were discussing ways and means with which Consumer Protection can be given proper shape in India. One of the important point of discussion was to make independent Consumer Ministry, and that it should entrusted with the powers to interfere in to the working of other ministries, where ever consumers interests are at stake, both at center and state level. The minister and department should have extended wings at commissioner and Collector at District level. Need not to say that these officers will have full backing of powers and staff, to take care of consumer interests, in their jurisdiction. Most of the matters will get resolved with the interference of these offices, and the rare one's will only go to the Fora's for solutions. This is going to reduce burden on the Fora's. One can say as it was said that the idea is premature. It may be, we can develop it.

It is on vital importance, how this wide idea, with cost and manpower can be accommodated. If you look at the present scenario, various consumer protection mechanism are in existence in the country but these mechanism's are working in the fragmented position's. The working of these institutions is not different from that of consumer Fora's. Electricity regulatory board have the work of only increasing tariff on the frequent requests of companies. SEBI remains mute spectator when any one comes and gulp crores of rupees of the consumers by floating a chit fund company. In short we have inefficient mechanism of consumer protection in the country. This mechanism is only helping in increasing the grievances of the consumers. Then why not dissolve all these machines of consumer protection or rebuilt them properly. So that all these machines can take care of consumer protection effectively. These machines are constituted so that it can also take care of any mechanism developed in future for consumer protection or welfare. Presently we have number of  Regulatory Boards, judicial systems and many more are going to be constituted in the time to come. Because many more new legislation's are in the Que, for the welfare of the consumers along with full fledged machinery right from the center to district level, be it FOOD SECURITY BILL or REAL ESTATE REGULATION BILL. All these new mechanism required to be created for the welfare of the consumer,with its roots and control at different levels. All These systems if accounted together, have a big cost, which government is already paying, in-spite of this heavy expenditure of the government it is proving ineffective, unable to give due to the consumers of the country, in time, with minimum cost, as promised in these legislation's. Though we are giving more and more powers, security to the consumers. We are unable to achieve desired result. Instead we are proceeding in the direction where all these systems will collapse. It is high time we should start not only thinking but proceeding in this direction by dissolving or bringing all these mechanism's of consumer protection, under one roof. This will start a new era of consumer protection in India.

It is high time to think in the direction of constituting new independent Consumer Affair Ministry at center and state level, with all the powers to interfere or suggest to all other such ministries, where ever consumer interests exists. All mechanism of  consumer welfare, consumer justice i.g. Regulatory boards, judicial or quasi judicial fora's, should be brought under its control, Consumer Secretariat should be constituted at center and state level. The post and departments of Consumer commissioner and Consumer Collectors should be extended up to district level in the country. These officers should be given powers and machinery to handle with all consumer related complaints in connection with food security bill, real estate bill, telephone, electricity, transport, consumer exploitation in the market, financial, railways, water, services provided by the local authorities etc. etc. MADHYA PRADESH is the first state, given node to this idea. Chief Minister Shivraj Singh Chouhan, in a meeting with the office bearers of Grahak Panchayat given node to this idea. And it is in the process.

The system constituted so, will not only be in the easy approach of common consumer, but it will provide speedy and cheap remedy to the consumers in finding the solution of their problems. It will have a check 
 on the financial burden on the center and state as they need not to constitute different mechanism for different kind of problems, furthermore it will accommodate all remedy mechanism of future also. A large mechanism already exists, only government have to reconstitute.  It is high time to develop this idea.    

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