The Central Government enacted a law for the welfare of scattered consumers in the country during 1985-86 the the Act was notified as CONSUMER PROTECTION ACT, 1986. This piece of law is very important for the scattered consumers in the country. The State Government showed reluctance in its implementation. The Non Government Organisations had to knock the doors of the courts and even the Hon'ble Supreme Court of India for issuing writs/ directions to the State Governments for its implementation in proper manners. In a writ filed by late Sh. H.D.Shore, Director, Common Cause, before the Supreme Court lasted many years and during the period interim directions were being issued to the Central and the State Governments. In one order the Supreme Court burdened the All the State Governments with fine of Rs.5000/- each for non implementation of the Act in its letter and spirit. Even till date, the Government of Himachal Pradesh, has not implemented the Act in proper manners. There is a provision in the Act that a separate District Consumer Disputes Redressal Forum is to be set up in each District and even if the complaints are much and more , second and third District Forums could also be established. The directions in this respect have also been issued by the Supreme Court of India time to time. But the Government of Himachal Pradesh has very badly failed to implement the Consumer Protection Act, 1986 ( amended upto date) . In this State only four whole time District Consumer Disputes Redressal Forums are set up at Shimla, Mandi ,Dharamshala and Una District Headquarters. These District Forums covers the twelve Districts . Shimla District Forums is holding circuit courts in Solan, Sirmour( Nahan), Kinnour ( Reykong Peo) besides at Shimla for District Shimla. Mandi District Forums holds circuit courts at Mandi, Kullu and Lahaul and Spiti Districts. District Forum, Kangra at Dharamshala holds its circuit court at Dharamshala and Chamba and lastly District Forum Una hold its circuit court at Una, Hamirpur and Bilaspur. As per provisions of the Act, the whole time District Cosumer Disputes Redressal Forums should have been set up in all the Districts. By not implementing the Consumer Protection Act, 1986 ( with up to date amendments ) the State Government on one hand is violating the provisions of the Act and directions of the Supreme Court of India and on other hand is not providing speedy justice to the consumers who have filed their grievances/ complaints before these District Forums. In the Act , there is provision that the complaint where Laboratory Test is not required is to be decided within three months and where test is required to be done within five months. But due to reluctance of the State Government for not setting up whole time District Forums in each District, normally more then one to three/ four years are taken for the disposal of such consumer complaints in these District Forums. The major time of the Presidents of the District Forums, is wasted in tours from one District headquarters to other Districts for holding circuit courts. It is fact that Justice delayed is justice denied. The main purpose of the Act is defeated. The State Government has also not provided with sufficient staff in these District Forums and that in the State Consumer Commission. The facilities enjoyed by the sitting District and Session Judges while they functions as District and Session Judge, are not being provided to them as President of the District Forum. Without sufficient staff and the staff equivalent to that of District courts and High Court with equal salaries , the work of the Consumer Forums is being suffering and the public litigants are being harassed for their no fault.
To honour the spirit of the Consumer Protection Act , the State Government should set up whole time District Consumer Disputes Redressal Forums in each District, provide sufficient staff on the pattern of District Courts with similar pay and salaries equal to that counterpart staff in the District Forums and the State Commission soon. Postted by : Sita Ram Dhiman, Sr. B.S.P. Leader and founder of BSP in District Shimla, Himachal Pradesh