Consumer Rights and the Consumer Protection Councils

Section 7. Its objects are to render advice on the promotion and protection of consumer rights under the Act within the State.

The District Councils: sections 8 and 9

Section 8. The State Government shall by notification establish for every district a District Consumer Protection Council, known as the District Council, which is an advisory council, with the Collector of the district, by whatever name called, as Chairperson, and such number of other official and non-official members representing such interests as may be prescribed. It shall meet as and when necessary but not less than two meetings shall be held every year.

Section 9. Its objects are to render advice on the promotion and protection of consumer rights under the Act within the district.

The three tiers compared

What the Councils cannot do. They cannot hear a complaint, they cannot pass an order against a trader, and they cannot award compensation. Those powers belong to the Commissions in Chapter IV and to the Central Authority in Chapter III.

Rules. Section 102 empowers a State Government to make rules for, among other things, the composition and procedure of the State and District Councils.

A worked example

A district has a serious problem with underweight gas cylinders.

The District Council may consider the problem at one of its meetings, chaired by the Collector, and render advice on promoting and protecting consumer rights in the district. It cannot summon the gas agency or order compensation.

The Central Authority may inquire into the matter of its own motion, order the practice discontinued and impose penalties, as chapter [The Central Consumer Protection Authority] explains.

A consumer whose cylinder was underweight complains to the District Commission and asks for refund and compensation.

The State Council may advise the State Government on the policy question, and the Central Council on the national one.

That division of labour, advise, regulate, adjudicate, is the answer to most questions on this part of the syllabus.

What it does NOT mean

The Councils are not tribunals. They advise.

The Collector's chairmanship does not make the District Council an executive authority. It is still advisory.

A consumer does not complain to a Council. He complains to a Commission.

The rights in section 2(9) are not directly enforceable as such. They are given effect through the machinery of the Act.

Quick revision

1. Six rights in section 2(9): safety, information, choice, hearing, redressal and consumer awareness.
2. Section 3: Central Council, advisory, chaired by the Union Minister-in-charge of consumer affairs.
3. Section 4: at least one meeting a year. Section 5: object is to render advice on promotion and protection of consumer rights.
4. Section 6: State Councils, advisory, chaired by the State Minister; at least two meetings a year. Section 7: objects.
5. Section 8: District Councils, advisory, chaired by the Collector; at least two meetings a year. Section 9: objects.
6. The Councils advise; the Central Authority regulates; the Commissions adjudicate.
7. Section 102 gives the State Government rule-making power for the State and District Councils.

Test yourself

1. State the consumer rights recognised by the Act. Section 2(9) recognises six. The right to be protected against the marketing of goods, products or services which are hazardous to life and property. The right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, so as to protect the consumer against unfair trade practices. The right to be assured, wherever possible, of access to a variety of goods, products or services at competitive prices. The right to be heard and to be assured that consumers' interests will receive due consideration at appropriate fora. The right to seek redressal against unfair trade practices, restrictive trade practices or unscrupulous exploitation. And the right to consumer awareness. They are the standard by which the rest of the Act is to be read, and the objects of all three tiers of Council are expressed as rendering advice on their promotion and protection.

2. Describe the composition and functions of the Consumer Protection Councils. There are three tiers, and all three are advisory. The Central Council, established by the Central Government under section 3, consists of the Minister-in-charge of the Department of Consumer Affairs in the Central Government as Chairperson and such other official or non-official members representing such interests as may be prescribed; under section 4 it must meet at least once a year, and under section 5 its object is to render advice on the promotion and protection of consumers' rights. The State Councils, established by every State Government under section 6, are chaired by the State Minister-in-charge of consumer affairs and must meet at least twice a year, their objects under section 7 being the same within the State. The District Councils, established by the State Government for every district under section 8, are chaired by the Collector of the district and must also meet at least twice a year, their objects under section 9 being the same within the district. None of them may entertain a complaint, pass an order against a trader or award compensation; those powers belong to the Commissions and to the Central Authority.