Examining The Power Of Consumer Commissions To Issue A Commission For Expert Opinion

P. S. Ramamoorthy, B. Com LLB (Hons.), Sastra Law College, Sastra (Deemed) University, Tanjore

Introduction

Consumer commissions play an important role in protecting the interests of consumers by providing expert opinions on a wide range of products and services. Also, Consumer commissions play a vital role in protecting the interests of consumers in India. Under the Consumer Protection Act, 2019, consumer commissions are empowered with the authority to issue commissions for expert opinions, conduct witness examinations and local inspections, and take suo motu cognizance of any violation of consumer rights. These commissions act as quasi-judicial bodies, providing a forum for consumers to seek relief for injustices suffered at the hands of companies and service providers. The Consumer Protection Act seeks to empower consumers, promote fair trade practices, and ensure that consumers receive adequate protection against unfair and deceptive trade practices. Consumer commissions are an important tool in achieving these objectives and safeguarding the rights of consumers in India. The Section 38(9)(e) of the Consumer Protection Act, 2019, which corresponds to Section 13(4)(v) of the formerly existing Act of 1986, specifically grants the authority to issue a commission for the examination of any witness or document. As per Section 38(9)(e) of the Consumer Protection Act of 2019, a District Commission has the same authority as a Civil Court under the Civil Procedure Code, 1908, to issue a commission. It may be pertinent to mention that it includes the power to issue a commission for the examination of witnesses or documents as iterated under the provisions of the section. However, the act does not specify whether a District Commission can issue a commission for a local investigation or scientific research. This issue has been the subject of various judgments by different High Courts, with conflicting outcomes. In light of the same, this article examines the power of consumer commissions to issue commissions for expert opinions, their impact on consumer empowerment and further provides an overview of the role of consumer commissions in protecting consumer interests. The article additionally also discusses the challenges faced by consumer commissions in providing expert opinions, such as the availability of experts and the potential bias of industry-funded research.