India celebrated National Consumer Rights Day on December 24. This was to commemorate the day consumers got what was believed to be a law that would empower them like never before and “better protect” their interests. It was on this day in 1986 that the Consumer Protection Act, codifying six rights of consumers and providing an alternate system of consumer redress, got the President’s assent and became a law.

But 24 years hence, as I look back, I wonder whether Indian consumers have much to celebrate. The parallel justice system provided under the law was meant to give the consumers a system of complaint resolution that was simple, quick and inexpensive. But today, the process is anything but simple. Nor is it quick or inexpensive.

If the celebration is to be meaningful and if the law is to empower consumers, the government has to take certain steps immediately to make the consumer courts function the way they should. First and foremost, they should prohibit advocates from appearing before these courts. In the amendments to the law that were incorporated in 2003, an attempt was made to do this, but without success. The lawyers’ lobby prevailed over the consumers’ lobby.

Second, there should be independent committees to closely monitor the functioning of these courts and correctives should be applied constantly to ensure that the procedures before these courts are absolutely simple and quick. For example, some years ago, all the states had been asked to report on how many cases were decided within the time stipulated in the law — 90 days — and in cases where there were delays, to state the reasons for such delays. Unfortunately, in recent times such information is not even being collected. Even if it is, it is not being made public.

The consumer courts were meant as an alternate system of dispute resolution. It is ironic that today we are forced to find other means of redress. In several states, the consumer courts themselves are promoting “lok adalats” as a simple and quick method of complaint redress. Now, the Delhi government has set up mediation centres attached to every consumer court in Delhi and the government is promoting this as a less time consuming and simpler alternative to the consumer courts!

If the December 24 celebrations have to have a meaning, then the Consumer Protection Act should be enforced in letter and spirit. Will the government do this at least in 2011?