ADR MECHANISM AND THE REDRESSAL OF CONSUMER GRIEVANCES WITHIN THE THREE-TIER CONSUMER ADJUDICATORY SYSTEM IN INDIA: AN ANALYSIS
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Abstract
In order to handle the mounting pressure of litigation and to clear the backlog, the Government through an amendment to the Constitution, in 1976, set-up numerous tribunals, commissions, boards and special courts. Simultaneously, the system of Alternative Dispute Resolutions took shape. The ADR involving negotiation, mediation and arbitrations, is one of methods of informal grievance redress mechanism for protection of consumer rights. One important welfare legislation in India that provides direct relief and gives protection to the consumers is “The Consumer Protection Act, 1986”. It confers six rights on consumers: right to safety, right to information, right to choice, right to be heard, right to redressal and right to consumer education. This act also provided for establishment of three-tier hierarchy redressal agencies. Now the total number of consumer complaints filed before the three tier consumer agencies are 5141696, disposed : 4679910, pending: 461786 and the percentage of disposal is 91.02%as on 13.06.2019.The consumer law was amended several times and finally resulted in, “The Consumer Protection Act, 2019”. The new law aims to establish authorities, for timely and effective administration and settlement of consumer disputes. The present paper analyses how far the ADR mechanisms of negotiation, mediation, arbitration and Lok-Adalat can provide effective settlement of consumer grievances.
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