Class action lawsuit underutilised by consumers in Kerala

Class Action Lawsuit remains underutilised by aggrieved consumers in the State despite being in vogue since the amended Consumer Protection Act in 2019.

The provision enables a member to represent a similarly aggrieved group and is very popular in the developed world with highly conscious consumers and powerful consumer organisations. However, the consumers here are largely unaware of it and lawyers are hardly keen to popularise it since it could affect the number of their clients.

The World Consumer Rights Day to be observed on Tuesday has drawn attention to the consumer disputes redressal commissions in the country. Since the inception of the consumer protection law, 54.85 lakh complaints have been filed, out of which 49.30 lakh have been disposed of and 5.54 lakh complaints are pending across national, state, and district commissions.

“Kerala enjoys a better disposal rate of 91.24% compared to the national average of 89.88%. Since the inception of the law, 32,887 cases have been filed in the State, out of which 30,007 have been disposed of and 2,880 remain pending as of June 20, 2021,” said D.B. Binu, President, District Consumer Disputes Redressal Commission, Ernakulam.

Thrissur district continues to hold the unenviable record of having the most number of consumers being taken for a ride, thanks to the busting chit fund business there, followed by Ernakulam where complaints related to the purchase and service of digital devices dominate. Thiruvananthapuram and Kozhikode are next in line.

Absence of online filing of complaints remains a major impediment to the redressal mechanism in the State though moves are afoot to introduce the system. “It is an irony that the online system is missing in a State like Kerala where it is most likely to be used by consumers. Also, vacancies in commissions remain ignored while commissions themselves are reduced to marginal players by tagging them along with the Civil Supplies department. Our consumers are also less conscious about their rights,” said Dejo Kapen, managing trustee of the Centre for Consumer Education.

Complaints emailed are admitted and interim reliefs are also granted but subjected to the condition that complaints should be subjected in hard copy within a specific period. Shortage of manpower and physical infrastructure also ails the functioning of the system.