PIL in Kerala HC claims provision of CPA not Fully Implemented

Alka Verma

Published On: October 21, 2021 at 13:30 IST

A Public Interest Litigation (PIL) has been placed before the Kerala High Court claiming that the mechanism as well as the provisions of the Consumer Protection Act, 2019 are still not well implemented in the State.

The PIL before the High Court claimed that this irregular implementation of the provisions is affecting the Rights of the consumers and their Right to get justice.

A Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P Chaly accepted the PIL.

The Consumer Protection Act 2019, which orders the State Government to decide the nature and classifications of officials and different workers needed to help the State Commission with such officials and different representatives as it might consider fit.

Under Section 33, a comparable necessity has been made for the District Commissions.

However, in the PIL the Petitioner claimed that the officers have not been provided either to State or the District Commissions by the State Government.

Similarly, the Act directs the State Government to form a consumer mediation cell for every district and State Commission as per Section 79 which should be supported by staff provided.

On the other hand, the Petitioner through his PIL stated that the State government has neither formed any such mediation cells nor provided any staff in the State or the District Commissions.

“The Commissions in the State are now not entertaining the execution petitions due to the non-availability of a support system,” stated the PIL.

The PIL also emphasized on another point that according to the Act a Consumer Protection Councils must be formed at the State and District levels but still no such Councils have been created in the State.

The sole aim of the Plea was to bring out the unfortunate condition of the Consumer Commission and it was filed through Advocate RV Sreejith and Advocate Rinu S Aswan.

The High Court thus has accepted the Plea and has listed the matter on 11 November for further consideration.

Also Read: The Consumer Protection Act, 2019 and Landmark Judgments

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