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LATEST NEWS UPDATES | Consumers can ask NGOs to fight cases -Abhinav Garg & Dipak Kumar Dash

Consumers can ask NGOs to fight cases -Abhinav Garg & Dipak Kumar Dash

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published Published on Feb 25, 2014   modified Modified on Feb 25, 2014
-The Times of India


NEW DELHI: Consumers can soon engage a non-advocate or an NGO to fight their case in consumer forums. However, such agents can't charge arbitrary fees. The charges will be decided by presidents of the relevant forums. The grounds to be considered while deciding fees will include the paying capacity of clients, skill of the agent and complexity of the case.

In a recent notification, the consumer affairs ministry said a party may authorize "an agent or non-advocate or representative or social organizations" to represent him before the consumer forum in an individual case/appeal or revision. But they have to be authorized by the party to represent their case.

Such non-advocates or agents would have to declare that they have pre-existing relation with the complainant such as relative, neighbour, friend or business associate and that they are not receiving any direct or indirect remuneration for appearing before the consumer forum. Moreover, they have to demonstrate to the presiding officers that he/she is competent to represent the party.

On the for fees, the notification mentioned that the forum president will take final call. While evaluating this, the forum head will consider factors including the amount of time the agent has spent on the case and the type of service.

"If the party is seeking monetary damages, its agent or non-advocate or representative shall not seek fee more than 20% of the damage awarded," the notification mentions.

The government has also notified the process of accreditation of such agents by a committee constituted by the National Consumer Protection Council (NCPC).

The reform is largely due to directives of the Supreme Court and efforts of an NRI doctor based in the United States.

The apex court in 2011 had permitted non-advocates and charitable organizations to argue cases before consumer forums. It had also asked the ministry to furnish guidelines. An SC bench of Justice Dalveer Bhandari, Justice R Mukundakam Sharma and Justice Anil Dave had asked the National Consumer Disputes Redressal Commission (NCDRC) to frame guidelines to allow non-lawyers to represent, appear and argue cases under the Consumer Protection Act before consumer district forums and commissions.

However, when nothing happened, Dr Kunal Saha, who won a landmark verdict against medical negligence from the Supreme Court last year, sought contempt of court action against the ministry. Through his organization People for Better Treatment (PBT), Saha filed a petition in SC seeking speedy implementation of a historic 2011 judgment where SC. In his petition Saha complained that a path- breaking SC order that will enable people like him is being deliberately diluted by the Centre and NCDRC making them liable to be hauled up for contempt .

During the proceedings, NCDRC in a counter affidavit informed SC even though it agreed to allow "non-advocates" to argue cases in consumer courts on behalf of people and framed guidelines in 2011 the law ministry allegedly raised objections.


The Times of India, 25 February, 2014, http://timesofindia.indiatimes.com/india/Consumers-can-ask-NGOs-to-fight-cases/articleshow/30969357.cms


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