Thursday 17 May 2012

Problems With Consumer Courts

The Mysore District Consumer Forum recently ruled (8-3-12 in Case No. 993/2010)  that a person who applies for information under the Right to Information Act, 2005 (RIA) is a consumer under the Consumer Protection Act (CPA) and failure to provide information asked under the RIA is a deficiency in service under the CPA. It ordered the DDPI, Mysore, who failed to provide information, to pay a compensation of Rs. 4000 to the complainant as well as Rs. 2000 as costs. This judgment exposes many problems which exist in the consumer court system.  
Firstly, the decision of the Mysore DCF relied on a decision of the National Consumer Commission given on 28-5-09 which said that failure of public authorities to provide information under the Karnataka Right to Information Act, 2000 constitutes deficiency of service under the CPA. The case before the Mysore DCF was concerning an application for information given under a different law, RIA, which is a central act. In its order, the Mysore DCF says "As rightly submitted by the complainant's learned counsel, in the case arising out of this Forum itself, the Hon'ble National Commission has already held in the case of Dr. Thirumala Rao V/s City Corporation, Mysore in Revision Petition No. 1975/2005 that the failure of the concerned officer to furnish the information sought for by the applicant under RTI Act is a deficiency in service and the complaint is maintainable under the C.P. Act in respect of such deficiency in service" and proceeds to punish the DDPI for deficiency in service. But it fails to realize that the National Commission's ruling related to Karnataka Right to Information Act, 2000 while the complaint before it was related to a different Act, namely, the central RIA. Since the number of Dr. Thirumala Rao's Revision Petition before the National Commission is 1975/2005, obviously it was filed in 2005 and so the original complaint must have been filed before 2005 (It was actually filed in 2003) while the RIA was implemented only in 2005. So it is clear that Dr. Thirumala Rao's complaint must have been under a law different from the RIA. But the Mysore DCF failed to appreciate this important point. Since Karnataka Right to Information Act, 2000 was repealed in 2005 itself and is no longer in effect, the decision of the National Commission was not relevant to the case before the DCF.  
It still would have been alright if the National Commission had not passed any order concerning the relevant issue of whether consumer courts have jurisdiction in RIA cases. Then Mysore DCF could have drawn a parallel between the Karnataka Right to Information Act, 2000 and the RIA and passed correct orders. But the National Commission has passed an order concerning the jurisdiction of consumer courts in RIA cases, and what is worse, has passed an opposing order. In Revision Petition No. 4061 of 2010 decided on  14-9-10, the National Commission has ruled that a person who has filed a petition under the RIA cannot be termed to be a consumer under the CPA. According to this decision of te National Commission, public authorities who do not provide information under the RIA can not be prosecuted under the CPA. So the decision of the Myosre DCF is in direct violation of the National Commission order on RIA cases.   
Secondly, this decision of the National Commission, though very important (this might be the only decision the National Commission has given till now concerning the jurisdiction of consumer courts in RIA cases), is not available in the website confonet.nic.in which is maintained by the Government of India and which is supposed to contain all the judgments given by all the consumer courts in the country. We found the reference to the National Commission judgment in the RIA website. In this order, the National Commission upheld a decision of the the Karnataka State Consumer Commission which was being appealed against. The decision of the Karnataka State Commission is also not available on confonet.nic.in website.The decisions of the State Commission and the National Commission are binding on lower consumer courts. If they are not put on confonet.nic.in, how will the lower courts come to know what the upper courts have ordered? What precedents will they follow? Obviously, the Mysore DCF was not aware of this decision of the State Commission or the National Commission since they are nowhere mentioned in the judgment of the DCF.  
Thirdly, this decision of the Karnataka State Commission upheld by the National Commission is flawed. It says that a person who does not receive information sought under the RIA cannot be considered a consumer under the CPA since there is a remedy available for the complainant to approach the appellate authority under Section 19 of the RIA. It is well-established that the Consumer Protection Act is an additional remedy available to consumers even when there is another law which is applicable. Unless there is an express provision in the other law which ousts the jurisdiction of the Consumer Protection Act (such as the Railway Claims Tribunal Act regarding railway claims or the Motor Vehicles Act regarding compensation in road accidents), one can always make use of the Consumer Protection Act as an easy and inexpensive means of obtaining justice. This fact has been reiterated countless times both by the National Commission and the Supreme Court. So the judgment of the Karnataka Commission and the National Commission that consumer courts can not decide RIA cases violates earlier orders of the National Commission and the Supreme Court.
In fact, the same point had been stressed in the earlier decision of the National Commission in Dr. Thirumala Rao's case. It is likely that both Karnataka State Commission and the National Commission were not aware of this earlier decision of the National Commission. This again illustrates the information gap in the consumer court system.
RIA provides only for punishment of officials who do not provide information to applicants. Though there is a provision for compensating the loss suffered by the applicant due to non-supply of information, we are not aware of any case in which such compensation has been awarded. Under CPA, obtaining compensation for the loss suffered by the complainant is routine. So the CPA provides better justice than the RIA.
In summary, the present case exposes the following problems affecting consumer courts: 1. There is a communication gap and the consumer courts (and the consumers) are not sufficiently aware about the decisions given by other consumer courts and by themselves at an earlier time. This has resulted in mutually contradictory decisions and decisions which violate decisions of higher courts.
2. Judgments of higher courts which are binding on lower courts are not being strictly followed and this is creating judicial confusion.
3. Judgments of higher courts which are not relevant are being followed as binding precedents and this is also increasing judicial confusion. 
A final word on RIA and CPA. Now, an NGO of Hyderabad by the name Gareeb Guide International has filed a PIL before the Supreme Court to resolve the problem of conflicting decisions of the National Consumer Commission on whether an applicant under the RIA can take recourse to the CPA if he does not get the information sought.
B.V. Shenoy, Mysore Grahakara Parishat