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1990 DIGILAW 480 (SC)

Common Cause, A Regd Society v. Union of India

1990-08-21

K.RAMASWAMY, M.M.PUNCHHI, RANGANATH MISRA

body1990
ORDER : 1. The further interim report covering the States of Kerala, Bihar and Uttar Pradesh from the Chairman of the National Consumer Disputes Redressel Commission has been received and is placed for orders. 2. We have heard counsel appearing for the States of Kerala, Bihar and Uttar Pradesh. We find the report in regard to the State of Kerala that apart from issue of Notification, no further steps have been taken to implement the statutory provisions. Sometime back when the case of West Bengal came up for consideration, we had indicated that lack of resources cannot be the explanation of the State for non-implementation of the requirements of the Statute particularly when the Legislation intends to protect the consumers. We, therefore, reject the stand of the State of Kerala that resources are not available and we direct; and Mr.Poti, counsel appearing for the State of Kerala accepts that within six weeks from today the State Forums and the District Forums shall be made fully functional. Accommodation shall be provided to each District Forum and appropriate staff shall also be sanctioned in the meantime. 3. Coming to the State of Bihar, it has been stated that the State Commission has been functioning from 1987. The District Forum for Patna has also been functioning from that year. In respect of remaining 38 districts, District Forums have been notified for 35 and in regard to the other three, steps are said to be in progress. It has been pointed out that no office accommodation or staff has been provided for the district forums and, therefore, they do not function even though they were constituted by Gazette Notification with effect from 12th April, 1990. 4. The report indicates that the Secretary in the Department of Food & Civil Supplies has been trying his best to provide accommodation and the minimum staff for the 35 forums but the Finance Department of the State Government, has not been sanctioning the funds necessary for the purpose. The report also indicates that even the State Commission has been working under handicap on account of the fact that adequate staff has not been provided. It has been recommended that there should be one Superintendent, one Assistant, two Stenographers, two LDCs and two Peons for the State Commission and in regard to the District Forums, there should be a Stenographer, one Lower Division Clerk and two Peons. It has been recommended that there should be one Superintendent, one Assistant, two Stenographers, two LDCs and two Peons for the State Commission and in regard to the District Forums, there should be a Stenographer, one Lower Division Clerk and two Peons. We are of the view that these recommendations are just and proper and, therefore, the State should immediately provide the necessary staff indicated in the report and comply with it by the end of November 1990. We have granted three months time with a view to providing sufficient time to the State to make the district forum totally operational. In case of any non- compliance, we shall take it that the State of Bihar does not propose to give effect to the Act by complying with our directions. 5. So far as the State Commission is concerned, the report indicates that it should have a telephone as also a staff car. We direct that the office of the State Commission should be provided with a telephone and the State Commission should have at its disposal a full time staff car. This too shall also be provided by the end of Nov.90. 6. Now coming to the State of Uttar Pradesh, the report indicates that the State Commission and 12 District Forums had been set up earlier and in terms of our directions by Notification of July 8, 1990. 51 more District Forums for the remaining of the 63 districts have been set up. The report indicates that the staffing pattern of the State Commission is inadequate and it should have in addition, one Superintendent, one Stenographer and two peons. The State Forum should also have a telephone and a staff vehicle. We direct these to be provided by 30th November, 1990. In regard to the District Forums, the staffing pattern shall be one bench clerk, one L.D.C., one Stenographer and two peons. The President of the District Forum should be provided with a cash amount of Rs.1,000/- by way of Imprest for making purchases of stationery etc. 7. We are happy to note from the report that the State Government of Uttar Pradesh is serious and sincere to implement the provisions, of the Act. We have also taken into account the affidavit filed on behalf of the State indicating the nature of response of the public after the District Forums have been constituted. 8. 7. We are happy to note from the report that the State Government of Uttar Pradesh is serious and sincere to implement the provisions, of the Act. We have also taken into account the affidavit filed on behalf of the State indicating the nature of response of the public after the District Forums have been constituted. 8. We look forward to compliance with the present order by the three States concerned so that statutory activities as contemplated by the Act, would be in full swing from 1st December, 1990. Each of these three States is directed to file its affidavit before this Court within one week of 1.12.1990 to indicate that full compliance has been made. 9. We have heard Mr. Mahajan appearing for the Union of India in regard to the staffing pattern recommended in regard to the National Commission. We find that sanction of the post of Registrar is in the grade of Under Secretary while in respect of the Central Administrative Tribunal and the M.R.T.P. Commission, the sanctioned post equivalent to Registrar is in the category of Joint Secretary. The request of the Commission that the Registrar should be of the rank of Additional Secretary appears to be fair. 10. The report further indicates that there should be two Assistant Registrars to look into the day-to-day working in the judicial side and the administrative side respectively. The report further states that there should be one additional post of Section Officer, one additional post of Court Master and one post of Junior Library Attendant. Keeping in view the nature of work, the volume of activity, status of the Chairman of the Commission and the field which the Statute is required to cover, we are inclined to agree that the six additional posts asked for in the report should be provided. We call upon the Union of India to make the requisite provision by 30.11.1990. 11. We had suggested to tho Commission to make the final report by 16th August, 1990, but in the report reasons have been indicated as to why that has not been possible and some more time has been asked for. We accordingly fix 15th October, 1990, for the receipt of the final report. 12. Counsel for the State of Tamil Nadu says that an affidavit has been filed in Court today to support his statement that for every District Forum has been opened. We accordingly fix 15th October, 1990, for the receipt of the final report. 12. Counsel for the State of Tamil Nadu says that an affidavit has been filed in Court today to support his statement that for every District Forum has been opened. This seems to be a notification only and, therefore, we have called upon him to file an affidavit within four weeks from today that offices at the district level have been opened, requisite staff has been provided and each district forum has become functional. He has also agreed that he will indicate the nature of working and number of claims filed or received by the district forum. 13. An affidavit has been filed by Mr. Kumar, appearing for the intervenor wherein it has been contended that the Delhi district forum has not been functioning on account of the fact that the Chairman has gone on leave for some time; the lady Member is not attending to work and the only other Member does not function. Two weeks time is allowed to Delhi Administration to file its counter-affidavit. All other allegations made in the affidavit of the intervenor shall also be answered by Delhi Admn. in its affidavit. WRIT PETITION NO. 147 of 1990 14. Counsel for the petitioner has served a copy of the petition on Mr. Panda, appearing for the State of Orissa. Three weeks' time is allowed to file counter. WRIT PETITION NO. 742/90 15. Issue notice returnable in four weeks.