Kashmir Without Consumer Courts Since August 5, 2019

Srinagar: Consumer forum Lawyers said they and their clients are facing hardships as the Consumer Courts have not been made functionary from the past 3 years in Jammu and Kashmir.

After the Semi-autonomous status of Jammu and Kashmir was lost on August 5, 2019, J&K Consumer Court Protection Act was replaced by the Central Consumer Protection Act.  It was one among 113 central Laws made applicable in the J&K Reorganisation Act, 2019 and other 165 state laws were repealed.

Lawyers of consumer courts complained that they (Advocates) and their litigants are suffering equally.

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Advocate Irfan from South Kashmir’s Anantnag district told The Himalayan Post that the Supreme Court recently ordered to set Permanent judges for consumer courts across country, at a time when the consumer courts in Jammu and Kashmir are defunct since 5 August 2019. 

"Consumers are not able to file fresh complaints while those who have already filed are also waiting to get their cases disposed of." 

"We have no provisions for consumers in Jammu and Kashmir, if a litigant comes to us to files cases for dereliction of duties or insurance claim, – we seek alternative options for them which doesnt even help them rather wastes their money,"  he said.

 "It’s like the current dispensation is allowing business enterprises to make people fool and leaves no rights for consumers to claim the wrongdoing, loss or deception, " he added.

"Three years have passed and tje government s failing to notify Consumer Courts in the UT (Union Territory) which runs directly from New Delhi –  it is the total failure of a democracy," the lawyer said.

 Another Advocate Shuaib who practices in Srinagar said the consumer courts are closed since August 5 because the law has been enacted but not implemented or enforced.

To set up the consumer courts, he said, the department of Parliamentary affairs have to pass a notification in each district of Jammu and Kashmir.

"As per the central consumer Protection Act – they have to make appointments for positions like President and members but the process has not begun yet, he said.

"When Consumers cannot file complaints as the courts are not functioning, lawyers don’t earn anything, " he added.

Lawyers said the central Act is more consumer-friendly and offer strict penalties including detention on adulteration and misleading advertisements also, it gives digital platform to e-file consumer complaints as well.