Lok Sabha Question No. 1969 (UNSTARRED), answered on 2017-03-14
Subject: Pending Cases in Consumer Courts
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: SUNIL BALIRAM GAIKWAD, SUDHEER GUPTA, T. RADHAKRISHNAN, BIDYUT BARAN MAHATO, KUNWAR HARIBANSH SINGH, GAJANAN CHANDRAKANT KIRTIKAR, ASHOK SHANKARRAO CHAVAN, VIJAY KUMAR S.R.

## Government of India

## Ministry of Consumer Affairs, Food and Public Distribution Department of Consumer Affairs

## LOK SABHA UNSTARRED QUESTION NO. 1969

TO BE ANSWERED ON 14.03.2017

## PENDING CASES IN CONSUMER COURTS

1969. DR. SUNIL BALIRAM GAIKWAD: SHRI SUDHEER GUPTA: SHRI T. RADHAKRISHNAN:  SHRI  BIDYUT  BARAN  MAHATO:  KUNWAR  HARIBANSH SINGH:  SHRI  GAJANAN  KIRTIKAR:  SHRI  ASHOK  SHANKARRAO  CHAVAN:  SHRI S.R. VIJAYAKUMAR:

## Will  the  Minister  of  CONSUMER  AFFAIRS,  FOOD  AND  PUBLIC  DISTRIBUTION miHkksDrk ekeys] [kk/k vkSj lkoZtfud foRrj.k ea=h be pleased to state:

- (a) whether  the  Government  has  released  the  latest  data  regarding  pending  cases  in  different consumer courts in the country and shared the same with the State Governments and if so, the details thereof, State and sector-wise;
- (b) whether one in almost every five cases in consumer forums is related to the insurance sector and if so, the reasons therefor;
- (c) whether the consumers come to know about the terms and conditions of insurance only when they apply for compensation and if so, the corrective measures taken by the Government in this regard;
- (d) whether  the  Government  has  put  in  place  any  monitoring  mechanism  to  ensure  smooth functioning  of  the  consumer  courts  and  if  so,  the  details  in  this  regard  including  the  steps taken/being taken by the Government to reduce cost of litigation; and
- (e) the steps taken/being taken by the Government to clear all the cases in a time bound manner?

## ANSWER

## miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k jkT; ea=h ¼Jh lh- vkj- pkS/kjh½

## THE MINISTER OF STATE CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI C. R. CHAUDHARY)

( a) & (b)   : The  data  regarding  pending  cases  in  different  consumer  Fora  are  available  in  the CONFONET website (www.confonet.nic.in). A statement of pending cases in the National Consumer Disputes  redressal  Commission,  State  Commissions  and  all  District  Fora  for  the  year  2016  is  at Annexure-I. As  per  information  available,  in  2016,  of  the  120189  pending,  27313  cases  related  to insurance sector.

- (c) : As informed by the Department of Financial Services, consumers come to know about the terms and conditions of the insurance at the time of purchasing the insurance.  When the proposal results  into  a  policy  contract,  they  are  provided  with  policy  documents  which  contain  the  terms  and conditions of the insurance.

Further, IRDA (Protection of Policyholders' interest) Regulations, 2002, stipulate the procedure to  be  followed  by  Insurers  at  the  point  of  sale  and  proposal  stage,  disclosures  to  be  made  in  life insurance  and  general  insurance  policy  document,  claim  procedure  in  respect  of  life  insurance  and general insurance policy and servicing of policies.  Before approving a product, IRDAI ensures that the policy terms and conditions make the above disclosures in the policy contract.  The regulations also provide for the insured of a Life Insurance Policy to exercise Free Look Cancellation option, within 15 days of the receipt of the policy document.

(d) & (e) : As per the provisions of the Consumer Protection Act, 1986, the State Governments are to establish the State Consumer Disputes Redressal Commissions and District Forum in the state and consequently it is the responsibility of the State Governments to provide physical infrastructure and manpower  for  their  smooth  functioning.  To  supplement  the  efforts  of  the  State  Governments,  the Central Government has been providing  financial assistance to the State Governments for building and  non-building    infrastructure  of  the  Consumer  Fora  besides  computer    hardware,  software  and technical manpower to the Consumer Fora in the states under the CONFONET scheme.

As per the provisions of the Consumer Protection Act, 1986, the National Consumer Disputes Redressal  Commission  has  the  administrative  control  over  the  State  Commissions  with  regard  to calling  for  periodical  return  regarding  institution,  disposal  and  pendency  of  cases,  issuance  of instructions  regarding  adoption  of  uniform  procedure  in  the  hearing  of  matters  etc,  and  generally overseeing the functioning of the State Commissions or the District Fora to ensure that the objects and purposes of the Act are best served without in any way interfering with their quasi-judicial freedom.

During  annual  conferences  with  State  Governments  and  the  State  Commissions,  the  Central Government has been impressing upon reducing the pendency of the cases.

*****

## STATEMENT REFERRED IN REPLY TO PARTS (a) & (b) OF LOK SABHA STARRED QUESTION NO.1969 FOR 14.03.2017 REGARDING PENDING CASES IN CONSUMER COURTS.

---------------------------------------------------------------------------------------------------------------------------------------

## NATIONAL COMMISSION, STATE COMMISSION & ALL

## STATEMENT OF PENDINIG CASES IN DISTRICT FORA (CATEGORY WISE) DURING THE YEAR

## (DATA FROM CONFONET WEBSITE)

| CATEGORY                              | FILED (1)                                       | DISPOSED (2)                                    | PENDING (1-2)                              |
|---------------------------------------|-------------------------------------------------|-------------------------------------------------|--------------------------------------------|
| Others                                | 35248                                           | 12653                                           | 22595                                      |
| Medical                               | 4007                                            | 699                                             | 3308                                       |
| Transport                             | 633                                             | 146                                             | 487                                        |
| Insurance                             | 35685                                           | 8372                                            | 27313                                      |
| Industries                            | 264                                             | 42                                              | 222                                        |
| Housing                               | 23185                                           | 6319                                            | 16866                                      |
| Electricity                           | 13011                                           | 4372                                            | 8639                                       |
| Railways                              | 692                                             | 163                                             | 529                                        |
| Banking                               | 14940                                           | 3826                                            | 11114                                      |
| Telecom                               | 3787                                            | 1456                                            | 2331                                       |
| Airlines                              | 582                                             | 152                                             | 430                                        |
| Finance                               | 4869                                            | 1320                                            | 3549                                       |
| Postal                                | 1103                                            | 314                                             | 789                                        |
| Consumer                              | 5467                                            | 1215                                            | 4252                                       |
| Education                             | 1762                                            | 516                                             | 1246                                       |
| Defective Goods                       | 3445                                            | 1514                                            | 1931                                       |
| Service Deficiency                    | 2888                                            | 879                                             | 2009                                       |
| Unfair Trade                          | 509                                             | 128                                             | 381                                        |
| Immigration                           | 163                                             | 39                                              | 124                                        |
| Trust                                 | 62                                              | 20                                              | 42                                         |
| Private                               | 1437                                            | 314                                             | 1123                                       |
| Government                            | 966                                             | 254                                             | 712                                        |
| Agriculture                           | 2040                                            | 362                                             | 1678                                       |
| Electrical &Electronic Goods          | 5539                                            | 1670                                            | 3869                                       |
| Water                                 | 262                                             | 72                                              | 190                                        |
| Automobiles                           | 3660                                            | 826                                             | 2834                                       |
| Textiles                              | 76                                              | 39                                              | 37                                         |
| Industrial/Commercial Goods &Services | 211                                             | 36                                              | 175                                        |
| Domestic Fuels                        | 140                                             | 60                                              | 80                                         |
| Tourism                               | 355                                             | 64                                              | 291                                        |
| Contracts                             | 237                                             | 56                                              | 181                                        |
| Food &Beverages                       | 388                                             | 53                                              | 335                                        |
| House Hold Goods                      | 819                                             | 292                                             | 527                                        |
| Total                                 | 1,68,432                                        | 48,243                                          | 1,20,189                                   |
| % of Insurance complaints             | 21.18% with reference to total complaints filed | 17.35% with reference to complaints disposed of | 22.72 With reference to complaints pending |