A few years earlier, the district forum (of a consumer court) was shut for two months. The stenographer had fractured her hand and the presiding officer said as he would not remember what was argued, it was better that proceedings didn't take place.
No wonder, most consumer activists or lawyers have this simple advice: "For anyone going to a consumer court, there should be a strong financial reason to fight the case. If you want to make an ethical point or have been cheated a small amount, it's just not worth it."
While the government's advertisement says Jaago grahak, jaago, it often means getting more harassed, and while paying from your own pocket.
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The entire idea of having a consumer court has taken a serious hit over the years. Consumer lawyer Jehangir Gai says: "The idea of setting these up was to provide a forum to consumers without the ills and technicalities of a civil court. But over the years, it has become worse than these. There are certain established procedures in civil courts, here, they entirely depend on the presiding officer."
Hence, a presiding officer might seek the complaint in a certain format. Say, space of 2.25 inches on the left side and 1.25 inches on the right side of the paper. If you have left 1.5 inches on both sides, the staff might refuse to accept your complaint. Some might want the top half of the first page to be left blank.
In fact, earlier one could apply through a letter. Now, there has to be a proper affidavit, with two to three copies and even a file cover. "In other words, they are almost pushing you to get a professional lawyer, an expensive proposition for many people," says Delhi-based consumer lawyer Rajan Khosla.
Even the notice issued is in the local language. If there is a case between a manufacturer in another state and a complainant in Maharashtra, if the former received a notice in Marathi, it will find it difficult to respond in time.
Another deterring factor is cost. Consumer lawyers said cases used to get resolved in three to six months; now, an average one takes two to three years. The cost of a lawyer:Rs 50,000 initially and Rs 10,000 per hearing. According to lawyers, at the average there are six hearings of a case in a year. In other words, assuming a case takes three years, one will have to spend Rs 2.3-2.5 lakh in only lawyer fees.
Another deterrent is the time taken. For instance, if you have gone to the court because of a defect in a fridge, till the case is resolved what does one do with it? "Many simply give up the case midway because they cannot continue to fight it financially or emotionally. So, he comes to court eager to fight, but loses his zest and, finally, the case gets dismissed for non-appearance," adds Gai.
Recently, a citizen of Thane's case regarding online fraud got resolved after nine years. The Thane resident had lost Rs 59,000 in November 2005 when it was debited from his account fraudulently through an online transfer. The bank claimed the complainant had either given out his personal identification number (PIN) issued for the internet banking facility or someone had hacked into the account. However, the consumer forum did not find any documentary evidence of the bank's charge. The complainant was awarded Rs 59,000 plus nine per cent annual interest and compensation of Rs 25,000.
While the judgment, like many others, has gone in the favour of the complainant, nine years for doing so is very long. Explains Gai: "It is primarily because in certain forums, judges sit in the courts for only two hours a day." Then, as in the above example, there can be issues if the presiding officer or members are transferred; the case has to be reheard.
The number of resolved or disposed cases is in favour of consumer courts. According to data from the National Consumer Disputes Redressal Commission the number disposed is an impressive 91 per cent for district, state and national commissions.
But the number of cases being filed has been falling over the years. Jehangir Gai says in the Mumbai suburban forum, around 1,500 consumer cases was filed in 1999. This number was less than 500 in 2013.
Khosla is scathing in his analysis: "The government advertisement of Jaago grahak, jaago is misleading. It makes one feel that things get resolved easily and quickly. But one only gets to know of the pitfalls once the process begins."
