Pre-Litigation Mediation for Consumers – Consumer Affairs Department , Government of West Bengal

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Case Study

Settlement of Consumer Disputes

Introduction:

The project Pre-Litigation Mediation for Consumers is a unique endeavor of the Government of West Bengal in the Consumer Affairs Department to provide speedy and hassle-free relief to the aggrieved consumers of the State.

Problem:

As there is no provision for pre-litigation mediation in the CP Act, sometimes the opposite party does not attend the tri-party meeting. The process of lodging consumer complaints in statutory commission was cumbersome and time-consuming. Lodging complaints is a detailed techno-legal process; hence, professional legal help was required.

Solution:

Provisions have been put in place for submitting consumer grievances online and offline, which have even been facilitated through Government mechanisms. In addition, pre-litigation Mediation has been devised as a swift and hassle-free process. 

Outcomes:

Through this pre-litigation mediation process, consumers can register their grievances in regional offices and receive redressal in a quick and hassle-free manner. Coverage of people has increased manifold, making this a consumer movement. A palpable awareness generation among consumers as to their rights has resulted in capacity building.

Challenges:

Consumers are spread out over a vast stretch, and those outside the reach of the metropole had the only option of filing complaints in Statutory Commissions. In many cases, the value of goods or services under dispute was much less than the legal expenses incurred.

Innovation:

Off-line complaints received in regional offices and CGRC are entered and managed electronically through Consumer Complaint Management System (CCMS), an MIS devised by the Department.

Opportunities:

The project has been planned to be an ongoing project to mitigate the consumers’ apprehension.

Summary:

The first and only state to implement such a novel system was West Bengal, which is today the most often used procedure for resolving consumer complaints in the state and even the entire nation.

For more information, please contact:
Ms Roshni Sen, Principal Secretary at prsecy.cad@gmail.com

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