National Consumer Disputes Redressal Commission (NCDRC) President Justice D K Jain today opposed certain amendments to the Consumer Protection Act 1986, including creation of a separate authority to file class action law suits, saying it may lead to "parallel jurisdiction".
For speedy delivery of justice in consumer cases, Jain asked the government "not to hesitate to adopt ordinance route" to implement the changes NCDRC has proposed to the Act.
The Consumer Affairs Ministry has proposed many changes to the current law to protect consumer rights and simplify the judicial process to ensure swift and inexpensive justice. The amendment Bill will soon be taken up for Cabinet approval.
Jain said, "Our common interest is we have to render justice to consumers. One of the provisions is about creation of an authority. It will have suo moto powers to take cognisance of complaints and issues that concern the public at large, what we call class-action... I feel that with the present dispensation, it may amount to having two parallel jurisdictions. It may amount to being more government, less governance."
The proposed authority, he added, would not only be just an investigating agency but an adjudicating one.
Questioning the constitution of the proposed authority, he said: "I think this amendment, if tested on judicial side, is quite vulnerable. It's my personal view."
Food and Consumer Affairs Minister Ram Vilas Paswan tried to dispel fears, saying the authority will no doubt have suo moto powers to investigate, but ultimately class-action suits will be taken up by NCDRC.
The proposed amendments to the 29-year-old law have been necessitated by a host of factors, including the e-commerce boom and misleading advertisements that have posed fresh challenges, he said adding that changes have been proposed after studying all issues in depth.
