Rajshri Rai (RR): What is the mandate of the Delhi State Consumer Disputes Redressal Commission?
Dr Justice Sangita Dhingra Sehgal (JSDS): The Commission looks into consumer disputes. The jurisdiction of the Commission is divided into district commissions, state commissions and national commissions. If the amount in dispute is less than Rs 50,000, it gets filed in a district forum. If the amount is between Rs 50 lakh and Rs 2 crore, it will be filed in a state commission. If the amount exceeds Rs 2 crore, it will be filed in a national commission. Consumers are the focus of these cases. Consumers who feel they have been treated unjustly or are having problems with their purchases—for example, when a refrigerator or washing machine they have purchased breaks down—usually take their complaints to the district forum. In property matters also we have cases. If housing apartments are not being delivered by the scheduled date, the state commission takes cognizance of such cases.
RR: How can a consumer file a complaint with the Commission if he feels that his rights have been violated?
JSDS: The consumer has to file a complaint officially. He has to submit Rs 25,000 fees, as provided under the Act. After filing, the case will be allotted to the Commission and trial will commence. If the complicity of a person is found, he is given a notice to appear in court. In consumer cases, there are no cross examinations, only affidavits are filed and the cases are decided on that basis.
RR: Do you think this Act is powerful enough to safeguard consumer rights? From a common man’s perspective, it is generally believed that the law is not strong or the common man can’t approach the court.
JSDS: In any law, whether it is consumer-related or otherwise, the problem lies in its implementation. Under Consumer Forum, whenever a case gets decided and a decree is made in favour of the consumer and we are supposed to get some form of payment from the other party, it gets difficult. The party doesn’t want to pay. To execute our order, we issue a warrant of attachment, warrant of arrest. We indeed face this problem. The consumer court lacks teeth, and consequently, we face problems to execute our orders. Justice can only happen if our orders are executed and compensation is paid.
RR: How has the Consumer Protection Act changed over the years? Considering today’s scenario and challenges, what kind of changes are required in the interest of consumers?
JSDS: Over the years, a lot of things have changed for the better. We have a new Act which has brought about many changes. One of them being “mediation” which wasn’t present before. With the ADR process, we can legally put forward cases for mediation. The court has now kept 116 new mediators. But, space comes as an issue. Even if half of them are able to sit and each gets a file, we would be able to dispose of cases at a good pace. Then, there are staff and infrastructure-related problems as well. But having said that, the Commission has truly made progress, that is what I would say as per my past three years of experience.
RR: Whenever we hear the word “consumer”, we immediately think about a population of 140 crores in our country, where each one of them is a consumer. In the past three years, did you come across any case which brought new challenges?
JSDS: Many elderly people come with their problems. For example, they had booked their plots and flats years back, but have not got possession till date. We come across such cases daily. These people are struggling to get their money back, but the defaulters won’t pay back. Then, there are such cases where flat buyers are stuck and aren’t getting their money back.
RR: This is indeed true and sad. These people had invested money of their lifetime…
JSDS: We also come across many cases of medical negligence.
RR: Yes, I was about to come to this. I’d just like to add something to it. Recently, the Commission gave a very significant decision related to medical negligence.
The verdict held that it is not fair to blame medical professionals in all medical cases. In the media, we get reports of doctors being physically assaulted in medical negligence cases.
JSDS: We always receive cases related to medical negligence, and in the case referred to, I had given the judgment. Doctors have the role to see, check and take measures which seem appropriate in medical cases. They have the responsibility to follow the rules and regulations. But, if a patient to whom some treatment is being given doesn’t respond and dies, should we blame doctors each time? Doctors just have the duty to give a patient the best possible treatment and care. But, he cannot be a god, right? The doctor only has a duty to provide the patient with the best possible medicine and I feel God is the last authority to decide the fate of the patient.
In my recent judgment which I pronounced in the Apollo Hospital case, there was a cancer patient who was sitting on his hospital bed and the caretaker assigned to him went outside the gate for a moment. Now the patient wanted to grab something, and while doing so, he leaned forward and fell down from the bed due to which he died after two-three weeks. Now, tell me in this situation, is there any case of medical negligence? Doctors were attending the patient and the patient was getting the best possible medical care. Therefore, I ruled that in this case the doctor has no liability.
RR: The word “healthcare” was removed from the Consumer Protection Act, 2019. This means that health-related issues or medical cases will not be covered under the Act. It will be treated as a service. How is the consumer affected by this change?
JSDS: No, it is not like this. The term earlier used was “healthcare”, now it has been replaced with “all services”. So, only the term “healthcare” has been removed, but that in no way, rules out doctors and hospitals from the Act.
RR: Surrogate advertising has become fairly common in light of the ban on some products. What are the ethical issues involved? Is our law competent enough to regulate it? What can a consumer do in case he is concerned or is affected by misleading advertisements?
JSDS: All malpractices related to advertisements are covered in the new Act. For example, if a star promotes a jewellery, but a consumer feels cheated by the product after buying it, the buyer can approach the consumer court.
RR: Consumers have switched heavily to online purchases wherein frauds and unfair practises are rampant. How are our consumer laws geared to handle the issues related to online marketing?
JSDS: See, whatever we buy online and if there is a complaint regarding it, it would be a normal complaint process like in state commission and district commission depending upon the facts and circumstances of the case. The complaints regarding that are covered in the new Act.
RR: What are the other schemes that can be used to make consumers more empowered, specially in a city like Delhi?
JSDS: We are focusing on ADR, specifically mediation, to solve consumer issues. Mediation is the new concept and we are working on it. Generating legal awareness through legal services authority in the schools and colleges is also a good step. We are also working towards recruiting more staff, developing our infrastructure and trying to get a new building.
RR: As you said there is shortage of staff. How is it affecting the pendency of consumer cases?
JSDS: At this point of time, there are 10,000 cases which are pending in state commissions. The staff is enough, but I think if we have more, we can end pendency. During the Corona period, we didn’t have a single person in the Commission, but now I am the president and there are four other members. To get more work done, we need more staff.
RR: What are the opportunities for the budding lawyers?
JSDS: We have a strong internship programme for young law students, whether they are of first year or last year, interns who want to work and learn from us. We provide them internship generally for a period of one month or more. Internship opportunities are provided to all and we give certificates as well.
RR: You have been associated with legal services authority as well. How do you see the access to justice scenario in India? What more needs to be done? What has been your experience? Why access to justice is still a dream in our country?
JSDS: I think for a common person, our justice system is pretty complex and complicated. Secondly, it is very expensive. The well-off get a better access to justice than the poor and the not so well-off.
RR: You are a woman who has made her place in the judiciary. What would be your message for females who would like to join the judiciary?
JSDS: Be fearless, although I know it is the most difficult thing to do.