-: [rti4empowerment] Constitution of the Consumer Protection Councils at the Central, State & District levels under The Consumers Protection Act 1986 [1 Attachment]

[Attachment(s) from RTIFED - Surendera M. Bhanot included below]

The complete Text of this communication together with its annexes (21-pages) is attached with this mil which may please be downloaded for taking further action in the matter.

RTIFED/Consumer Protection Councils/2014/1202

Constitution of the Consumer Protection Councils

04 December 2014

THROUGH E-MAIL

The Working Group on Human Rights
in India and the UN,

G-18/1, Nizamuddin West,

New Delhi – 110013

contact@wghr.org

Constitution of the
Consumer Protection Councils

at the Central, State & District levels under
The Consumers Protection Act 1986

Dear Sirs,

Greetings to You All,

In Chapter II of the Consumers Protection Act 1986 there are a provision and procedure of the Consumer Protection Councils and the Center (Section 4) and the State Governments are under legal obligation to constitute the Consumer Protection Councils at Centre and at the State & District Level, respectively:

As per Section 6 (read with Section 8 and Section 8B) of the Act ibid defines the objects of the Consumers Protection Councils as under:

Objects of the Central Council.—The objects of the Central Council shall be to promote and protect the rights of the consumers such as,—

(a) the right to be protected against the marketing of goods and services which are hazardous to life and property;

(b) the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices;

(c) the right to be assured, wherever possible, access to a variety of goods and services at competitive prices;

(d) the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate forums;

(e) the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and

(f) the right to consumer education.

The Centre and State and District Consumer Protection Councils meet as and when necessary, but at least one meeting of the Council shall be held every year and State and District Consumer Protection Councils meet as and when necessary, but at least two meeting of the Council shall be held every year......

The complete Text of this communication together with its annexes (21-pages) is attached with this mil which may please be downloaded for taking further action in the matter.

.......... RTIFED feels that the Government is the biggest violator of the law, as they do not adhere to the legal norms it required to perform, and these are given a go by with impunity. This is disservice to the people of this country. Where the question of rendering service to the common man arises, the politicians and the bureaucrats just shrug, drag feet and pull backwards.

It is suggested that a web-Portal like CONFONET may please be started for the CCPC, SCPCs and DCPCs and all the details of these Councils may be placed therein. The particulars of the Members of the Councils and their contact particulars, including address, phone as well as email address be made public on the portal so that people could reach them with their grievances; Rules and Regulations, Agenda, Minutes of the meetings etc. of the counsels may also be uploaded.

The Department of Consumer Affairs may please be declared as a nodal agency and that may exercise all powers to monitor and ensure that the state Government who does not implement Section 8, 8-A and 8-B of the Consumers Protection Act 1986 does get penalized in a suitable manner.

The compilation of quarterly reports of the CCPC/SCPCs & DCPCs may also be uploaded.

The public views/suggestion/complaints must be invited well before the meetings are held and those views/suggestion/complaints may also be considered therein. The public must be invited to witness the proceedings of the meetings.

The Six Consumer Rights as enumerated in Section 6 of the Consumers Protection Act 1986, must be invariable be discussed in all the CCPC, SCPCs & DCPCs meetings in view of the public views/suggestion/ complaints received, orders of the Consumer Forums, State and National Commission as well of the courts; and remedial measures adopted.

Since these Councils are Public Authorities within the meaning of Section 2(f) of the Right to Information Act 2005 and the disclosures as required under Section 4(1)(b) ibid of the may be placed on the portal and frequently updated in view of the Department of Personnel and Training instructions as contained in Department Circular No. 1/6/2011-IR dated 15 April 2013 regarding Implementation of suo-motu disclosure under Section 4 of Right to Information Act 2005 - Issue of guidelines; followed with Circular No. No. 1/6/2011-IR dated 10 December 2013 regarding Compliance of Guidelines on implementation of suo-motu disclosure
under Section 4 of RTI Act, 2005. These can be downloaded at the link[1] in the footnote below, a copies each of these circulars are attached herewith as Annexure-1 and Annexure-2, respectively.

With a copy to the DoPT as well as Central and State Information Commissions, a request is being made to them to suo-motu take up the matter of the pro-active disclosures by the CCPC, SCPCs & DCPCs, be taken up so that the compliance is made in a time bound manner.

The RTIFED may please be placed on the regular mailing list of the Department of Consumers Affairs and all the matters relating to consumerism may please be conveyed to it, for further educating the RTIFED members and the public in general.

The receipt of this communication may please be acknowledged.

This communication is sent through electronic media and as such does not warrant any signature.

Thanking you & with Warm Regards,

Very cordially yours,

Surendera M. Bhanot

President RTIFED[2]

rtifed@gmail.com

Enclosure: as stated please.

[1] http://ccis.nic.in/CP_Circular_Report.asp?MinCode=2&DepCode=2&DivCode=7&SecCode=(0)&CNCode=1&MctCode=0&SctCode=0&ArchCode=2 at Sr No. 19 and 33 respectively

[2]RTIFED (formerly known as RTI Activists' Federation and conceived and founded by the legendary Advocate H.C. Arora) is a body looking after the rights of the RTI Applicants and keeping an eye over the happenings of the RTI related matters in various states.