ORISSA CONSUMERS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition has been filed with a prayer to strike down Sub-section (2) of Section 12 of the Consumer Protection Act, 1986 (for short, 'Act, 1986') as well as Rule 9A of the Consumer Protection Rules, 1987 (for short, 'Rules, 1987'), as inserted/amended by the Consumer Protection (Amendment) Rules, 2004; and the Consumer Protection (Second Amendment) Rules, 2005 (Annexure-3), on the ground that the same are un-constitutional, invalid and illegal; and pass any other orders as deemed just and proper.

(2.) This petition is in the nature of a Public Interest Litigation seeking protection of rights and interest of the consumers of the society. Petitioner No. 1 is a registered voluntary consumer organization and has been working since 1983 for protecting the rights and welfare of the consumers of the country seeking remedy and justice for them. It is also working for growth of consumer movement in the country to build up a healthy civil society. Petitioner No. 2 is a conscious consumer working for the welfare, betterment of the citizens of the country and advancing for growth of consumers' increment.

(3.) Mr. K.N. Jena, learned Senior Advocate appearing for the Petitioner submitted that the Act, 1986 was enacted with the object and purpose to provide better protection and promotion of consumers' interest and rights in the society. It is a social welfare legislation and was an important milestone in the history of consumer movement in the country to save the millions of illiterate, ignorant, unorganized, poor and helpless consumers which constitute 90% of the total population of the country from exploitation, cheating, unfair and restricted trade practice adopted by manufacturers, traders and service providers. Further, the object of the Act, 1986 is to provide and secure inexpensive and speedy justice to the consumers by setting up three tier redressal agencies, i.e., District Forums, Commissions at State and National levels adopting simplified procedure. Unfortunately, without making the Act, 1986 more effective and beneficial for the common men who are economically backward, some amendments in the said Act and Rules have been brought to deprive and deny justice to the consumers. Section 12 of the Act, 1986 has been substituted by the Amendment Act of 2002 (Act of 62 of 2002) inserting therein that every complaint shall be accompanied with such amount of fees payable in such manner as may be prescribed. Charging of fees for filing the complaint and amendment of Section 12 to that extent is contrary to the basic structure as well as the object and the purpose of the Act. With a view to provide justice to poor and economically backward class of the people of different castes and tribes and women, the State Government as well as the Central Government has enacted laws to exempt them from paying the Court fee, whereas a person who is purchasing one Kg. of rice or atta or a match box or a dot pen/ pack of bread/ tooth brush/ plain paper, pencil etc. or any other goods and services worth of a meager amount or less than a rupee is required to pay minimum fee of Rs. 100/- and also to pay registered postal charge of Rs. 25/-. The poor consumer is also required to pay for service of notice to each one of the opposite parties as State Government is not providing funds for service of notice to opposite parties on the plea of financial crunch. Thus, payment of fees on complaint petition is discriminatory, arbitrary and unreasonable. The Petitioners strongly believe that unscrupulous traders and influential businessmen, manufacturers, service providers are manipulating and managing the helm of affairs for bringing out such amendment. Because of charging of the fees for filing complaint petition before the Consumer Forums, the poor people will not be able to file complaints for claiming damages though they are being cheated and exploited by the manufacturers, sellers of goods and service providers, as a result of which the number of cases is reducing day-by-day and thereby the retired persons, who are rehabilitated and appointed as Members of Forums and Commissions, are being maintained and paid without any work.