"Guidelines for Effective Functioning of Consumer Disputes Redressal Forums"

Introduction:

The case of Divisional Manager, LIC of India & Anr. versus Smt. Sudhatai S. Avachite & Ors. before the Maharashtra State Consumer Disputes Redressal Commission, Mumbai, in Appeal No. 687 of 1999, decided on 17.2.2000, shed light on the need for clear guidelines and directions for the functioning of consumer disputes redressal forums. This article presents the directions and guidelines established by the Hon'ble Mr. Justice M.S. Rane and Mr. G.R. Bedge for the efficient operation of such forums.

"Guidelines that Presiding Officers of Consumer Disputes Redressal Forums should keep in mind and adhere to when carrying out their duties."

I. Scrutiny and Processing of Complaints:

"Receiving complaints, conducting evaluations, and issuing initial notices to Opposing Parties (O.Ps)."

The initial steps in the complaint-handling process must be thorough and efficient:

1. Scrutiny of Complaints: 

Complaints should be carefully examined to determine their maintainability, jurisdiction, and completeness. ["Right from the start, the Forum should diligently examine the complaints filed and received to determine their eligibility, territorial scope, pecuniary jurisdiction, and any limitations."]

2. Verification of Party Information: 

Ensure that all parties' details are accurate and complete. ["Additionally, it should be verified whether comprehensive party descriptions and addresses have been provided or not."]

3. Specific Case Presentation: 

Complaints should outline specific cases, adhering to the provisions of the Consumer Protection Act, of 1986. ["Furthermore, it should be determined whether the complaint outlines a distinct case. These instructions hold significance within the framework of Sections 12 and 13 of the Consumer Protection Act, 1986."]

4. Prompt Issuance of Process: 

The process should be promptly issued to the opposing parties without unnecessary delays. ["Efforts should be made to promptly issue the Forum's notices to the O.Ps. without unnecessary delays."]

5. Assistance to Parties: 

Provide assistance to parties appearing in person for filing and processing their complaints. ["Parties appearing in person should receive assistance in the proper filing and subsequent processing of their complaints...The District Forum's President should particularly ensure that the staff provides all necessary assistance to such parties."]

II. Maintenance of Records:

Proper record-keeping is essential for effective proceedings:

a. Register for Complaints/Applications:

   - The Forums should make sure to maintain records on a yearly basis, using a register for complaints/applications, and recording details such as:

• Serial Number, Complaint/ Application Number.
• Name of the Parties and their Advocates (if any) in brief.
• Date of filing.
• Date of disposal.
• Result: Whether the claim is allowed or dismissed/rejected.
• Date of supplying order.

b. Document Management:

   - Documents and Exhibits:

When parties submit documents, they should include a list of documents with a brief description and indicate the source of these documents. If the documents consist of files or loose papers, it's essential to ensure proper indexing and pagination. This meticulous process is crucial because the Commission has received complaints regarding missing documents. Documents submitted by the parties should be assigned identification numbers, such as C-1, C-2, and so forth, and these should be duly referenced and described in the order.

   - Use a consistent numbering system for documents.

c. Preservation of Records:

   - Organize records systematically into three parts: original complaint, written statements/affidavits, and miscellaneous papers. ["Every Forum should, to the best of its ability, maintain a systematic and organized record of proceedings similar to the practices followed in court proceedings."]

• Part I should contain the original complaint, the order or Roznama sheet, affidavits, oral evidence, and either the documents or copies of documents related to the complaint.
• Part II should contain the written statements, affidavits, evidence, and documents provided by the Opposing Parties (O.Ps).
• Part III should include miscellaneous documents related to the proceedings.
• Indexing and pagination of Part I and Part II in chronological order is essential and should be positioned at the start of each respective part.
• Each part should be properly stitched/tagged.
• This record arrangement should be strictly followed when it is necessary to forward them to the National/State Commission for appeal purposes.

III. Hearing of Complaints/Applications:

Efficient hearing procedures are vital for timely resolution:

a. Expeditious Disposal: 

Ensure timely disposition to prevent inconvenience and undue delays for parties. ["The Forum must ensure swift resolution of cases as mandated by the Consumer Protection Act, 1986, in order to prevent any inconvenience and hardship for the parties seeking redress through the forum, with a particular focus on avoiding unwarranted delays."]

b. Discouragement of Adjournments: Unjustified and frequent adjournments' should be discouraged.

c. Proof of Service: Verify the proof of service to all concerned parties before the inquiry. ["Before commencing an inquiry, it is crucial to confirm whether Forum notices have been correctly served to all relevant parties or not...The Forum should satisfy about the proof of service "]

d. Pronouncement of Orders: Preferably pronounce orders immediately after submissions, or inform parties of the adjourned date if necessary. 

• "Whenever feasible, the verdict should be delivered promptly after parties have made their submissions, preferably with the parties and their advocates present."
• "If, for any reason, it becomes necessary to postpone and reserve the order, the revised date for the order should be communicated to the relevant parties."
• "It is important to endeavour to provide certified copies of the orders to the parties upon proper identification, and their acknowledgement of receipt should be obtained."
• "If orders are sent through Post, measures should be taken to ensure they are sent to the correct addresses, and postal certificates verifying dispatch should be retained."
• "According to statutory requirements, the order must be signed by the President of the Forum and any other Members involved in the case's proceedings. This protocol should be meticulously followed."

IV. Regulating Sitting Timings:

Presidents and Members should adhere to strict sitting timings to prevent inconvenience to parties. ["Taking into account the concerns expressed before the High Court, as detailed in the High Court's order dated 14.2.2000, the Presidents and Members of the Forums are obligated to ensure and strictly adhere to the prescribed Forum sitting schedules, displaying punctuality. This is to guarantee that the parties do not encounter any unnecessary hardships or inconveniences."]

V. Supervision by District Forum President:

The President of the District Forum should oversee and ensure compliance with these directions and guidelines. ["The District Forum's President should assume responsibility for supervising and ensuring the faithful and diligent adherence to the aforementioned directions and guidelines."]

VI. Forwarding of Copies of Judgments:

The Registrar of the Commission should forward copies of judgments to relevant departments and District Forum Presidents to disseminate these directions among the staff. ["Distribution of Judgment Copies: The Registrar of this Commission is instructed to transmit copies of judgments to the following recipients: (i) The Secretary of the Civil Supplies/Consumer Protection Department, Mantralaya, Mumbai, (ii) The Secretary of the Law and Judiciary Department, Mantralaya, Mumbai, and (iii) all District Forum Presidents. Additionally, we hereby instruct the Presidents of the respective District Forums to inform their Forum Members and relevant staff about these directions."]

Conclusion:

These comprehensive guidelines serve as a roadmap for the efficient functioning of consumer disputes redressal forums, promoting speedy and inexpensive justice for all parties involved. Adhering to these directions ensures the effective resolution of consumer complaints in accordance with the Consumer Protection Act, 1986.