LEGAL SERVICE AUTHORITY – SALIENT FEATURES
Features of the Legal service Authority Act: The special features of this Statute can be understood from three angles.
First, Institutional structures created and their composition.
Second, Kind & nature of services and Persons entitled for the services under this Act.
Third, Powers and methods to resolve disputes by institutions created under this Act.
First: Institutional structures created and their composition. There is a National Legal Services Authority at the national level and there is State Legal Services Authority at State level and District Legal service authority at District level. Lastly, Taluk or Mandal Legal service committee at Mandal level. The National level and State level bodies lay down policies and principles for making legal services available under the provisions of the Act and to frame most effective and economical schemes for legal services including funds etc.,. The uniqueness of institutions created under this statute is that there is a conglomeration of all three wings of the state. To illustrate, at the lower where LSA is functioning one can find presence of senior most judge as Chairman and Sub-divisional Revenue officer and police officer as members of the Taluk Legal services Committee. Whereas at District level we find Principal District judge as Chairman of District legal service authority and members being District collector and superintend of police. Further, members of non-governmental organizations and senior advocates are members of this committee. As result of this kind of conglomeration, disputes can be sorted out and remedied in a very conducive atmosphere especially in a quick and inexpensive manner.
Second: kind of services under this Act and Persons entitled for the services. S.2 of the Act defines what legal service means, which helps us to understand kind and nature of legal service that can be offered to person entitled for benefits under this Act. Under the Act ‘legal service’ includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter. S.12 lists out various persons such as Scheduled Caste or Scheduled Tribe; women, child, a victim of trafficking in human beings, mentally ill or otherwise disabled person; A person whose annual income less than rupees fifty thousand or such other higher amount as may be prescribed by the State Government1 etc,
Third: machinery to resolve disputes: Under the Act any person who wishes to receive legal service and eligible to receive legal service can give a written application before legal service committee. It is important to note that such legal assistance sought can be pertaining to pending litigation or pre-litigation. This application can be made before any legal service authority i.e., Taluk legal service committee or District legal service committee. On receipt of such application legal service committees shall refer to such matter to Lok-adalat which has jurisdiction to try the case and resolve the matter. The Taluk Legal service committee or District legal service committee can create as many Lok-Adalath Benches for the disposal of applications. In this connection it is pertinent to mention the novelty of this kind of resolution mechanism is that there is no court-fee, flexible and simplified procedure to resolve the dispute, the LoK-Adalat bench has powers of civil court so as to summon any person to attend and give evidence and produce documents. More importantly, the award passed by Lok-adalath is as good as decree passed by civil court and as such it can be enforced like a civil court decree.
CONSUMER FORUM– SALIENT FEATURES:
The Consumer Protection Act, 1986 is a benevolent social legislation that lays down the rights of the consumers and provides less expensive and often speedy redressal of their grievances. By spelling out the rights and remedies of the consumers in a market so far dominated by organized manufacturers and traders of goods and providers of various types of services, the Act makes the dictum, caveat emptor (‘buyer beware’) a thing of the past.
To provide inexpensive, speedy and summary redressal of consumer disputes, quasi-judicial bodies have been set up in each District and State and at the National level, called the District Forums, the State Consumer Disputes Redressal Commissions and the National Consumer Disputes Redressal Commission respectively. Each District Forum is headed by a person who is or has been or is eligible to be appointed as a District Judge and each State Commission is headed by a person who is or has been a Judge of High Court.
The provisions of this Act cover ‘goods’ as well as ‘services’. The goods are those which are manufactured or produced and sold to consumers through wholesalers and retailers. The services are in the nature of transport, telephone, electricity, housing, banking, insurance, medical treatment, etc.
A written complaint, can be filed before the District Consumer Forum for pecuniary value of up to Rupees twenty lakh, State Commission for value up to Rupees one crore and the National Commission for value above Rupees one crore, in respect of defects in goods and or deficiency in service. The service can be of any description and the illustrations given above are only indicative. However, no complaint can be filed for alleged deficiency in any service that is rendered free of charge or under a contract of personal service.
The remedy under the Consumer Protection Act is an alternative in addition to that already available to the aggrieved persons/consumers by way of civil suit. In the complaint/appeal/petition submitted under the Act, a consumer is not required to pay any court fees but only a nominal fee.
Consumer Forum proceedings are summary in nature. The endeavor is made to grant relief to the aggrieved consumer as quickly as in the quickest possible, keeping in mind the provisions of the Act which lay down time schedule for disposal of cases.
If a consumer is not satisfied by the decision of a District Forum, he can appeal to the State Commission. Against the order of the State Commission a consumer can come to the National Commission.
Consumer: A consumer is any person who buys any goods for a consideration and user of such goods where the use is with the approval of a buyer, any person who hires/avails of any service for a consideration & any beneficiary of such services, where such services are availed of with the approval of the person hiring the service. The consumer need not have made full payment.
Goods mean any movable property and also include share, but do not include any actionable claims. Service of any description is covered under C.P.Act & includes Banking, financing, insurance, transport, processing, housing, construction, supply of electrical energy, entertainment, amusement, board and lodging, among others.
Who can file a complaint: A complaint on a plain paper either handwritten or typed, can be filed by a consumer, a registered consumer organisation, central or State Government & one or more consumers, where there are numerous consumers having the same interest. No stamp or court fee is needed
Consumers can make, complaints against:-
a) Any unfair trade practice or restrictive trade practice adopted by the trader.
b) Defective goods.
c) Deficiency in service.
d) Excess price charged by the trader.
e)Unlawful goods sale which is hazardous to life and safety when used.
Fees: In original Act, there is no requirement of payment of Court-fee or any other formal procedure of Court was contemplated. However, after the amendment of 2002, there is a nominal fee you may have to pay for filing a complaint. Value of goods, Service & Compensation Claimed determines the amount of fee payable.
Time Period for Complaint: Time frame within which a complaint can be filed Section 24A of the Act provides that a consumer dispute can be filed within two years from the date on which the cause of action arises. If the Consumer Forum is satisfied that there was sufficient cause for not filing the complaint within the prescribed period, it can entertain a complaint beyond limitation time. However the Forum must record the reasons for condonation of delay. The point of time when cause of action arises is an important factor in determining the time period available to file a complaint. There are no set rules to decide such time. It depends on the facts and circumstances of each case.
PENALTIES: Consumer Courts are empowered to punish the person who feels to comply with their orders with an imprisonment up to three years or fine up to Rs. 10,000/- or with both.
ENFORCEMENT OF ORDER: The Consumer Courts (District Court, State Commission and National Commission) are given vast powers to enforce their orders. In case of non compliance of any interim order, they can attach the property of the person non-complying their order. In case, non compliance continues for more than six months, the Consumer Courts can sell such attached property.
In case, any amount is due from any person under an order of Consumer Court. The person entitle to that amount can apply to consumer court and court can issue a certificate for the said amount to the Collector of the District (by whatever named called) and the Collector after receiving that certificate from court shall proceed to recover the amount in the same manner as arrear of land revenue. After recovery by Collector, the amount is paid to entitle person.