DELAY IN SETTING UP OF CIRCUIT BENCH OF SCDRC AT MADURAI

UNDUE DELAY IN SETTING UP OF CIRCUIT BENCH OF TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT MADURAI BY THE DEPARTMENT OF FOOD AND CONSUMER PROTECTION, GOVERNMENT OF TAMIL NADU

The Consumer Protection Act – 1986 was enacted with considerable enthusiasm and fare as a path breaking benevolent legislation intended to protect the consumers from exploitation by more organized manufacturers /traders or service providers. The main object of the Consumer Protection Act – 1986 is to provide speedy, simple and inexpensive redressal for resolving consumer disputes.

In fast changing economic scenario various amendments had been made to the Consumer Protection Act – 1986 to give more teeth to the Act. One such radical change brought about by the Consumer Protection (Amendment) Act - 2002 is provision for setting up of Circuit Bench of the State Commission at any place other than the State Capital by insertion of Section 17-B. To alleviate the hardships faced by the consumers, an amendment to the Consumer Protection Act – 1986 was brought about by the Consumer Protection (Amendment) Act, 2002 (62 of 2002) by which Section 17 - B was inserted. The Section 17-B read as follows : - “ the State Commission shall ordinarily function in the State Capital but may perform its functions as such other place as the State Government may, in consultation with the State Commission, notify in the Official Gazette, from time to time” . The amendment does also provides the State Governments ample powers to appoint additional members to the State Commission in order to facilitate setting up of Circuit Bench.

The consumer right activists and voluntary consumer organizations made representations to the Government of Tamil for setting up of Circuit Bench of SCDRC at

Madurai, like other State Governments . Inspite of the revolutionary nature of the act and its statutory intent, and repeated representation from consumer right activists and consumer organizations in this regard little progress has been achieved on the ground because of administration and executive indifference of the Department of Food and Consumer Protection.

Having no other alternative a Public Interest Litigation was filed on the file of the Hon’ble Madurai Bench of Madras High Court vide W.P. (MD) No. 9213, wherein the Hon’ble Court has directed the Department of Food and Consumer Protection, Government of Tamil Nadu and the Registrar, State Consumer Disputes Redressal Commission vide its order dated 12-11-2007 to consider the representations for constitution of Circuit Bench of SCDRC at Madurai in light of Section 17-B of the Consumer Protection Act within a period of 6 months.

In pursuance to the order the Department of Food & Consumer Protection vide letter No. 5308/H2/2008-I CF & CP dated

28-02-2008 had requested the SCDRC, Chennai to offer its remarks. The SCDRC, Chennai vide Lr. RC No. A1/435/2004 dated 24-04-2008 recommended the State Government to pass order for setting up of permanent bench of SCDRC, Chennai at Madurai to dispose the original petitions and appeals arise from the southern districts as per the directions of the High Court.

The Department of Food & Consumer Protection again on

23-06-2008 vide letter 5308/H2/2008-2 has sent a letter to the SCDRC to furnish norms, if any for formation of Circuit Bench. The SCDRC, Chennai vide its reply Lr. No. A/435/2004 dated 11-07-2008 to the Department of Food & Consumer Protection has stated that there is no norms for setting up of Circuit Bench u/s 17-B of the Consumer Protection Act and also highlighted the difficulties and hardships faced by the consumers of southern districts and requested the orders of the Government for constitution of permanent bench of State Commission at Madurai.

Inspite of the SCDRC’s clarification regarding the constitution of Circuit Bench, the Department of Food and Consumer Protection again in a reply to an application made under the RTI Act vide letter 27357/CR/2008-I dated 06-10-2008 had stated that atleast there must be 2000 cases for formation of circuit bench. But, it is absolutely a wrong connation there is no norms for setting up of Circuit Bench u/s 17-B of the C.P. Act. Even without admitting even if it is assumed that 2000 cases is required, then State Commission has 2525 cases pending before it as on 30-09-2008 according to its reply under RTI Act vide Lr. No. A1/1811/2005 dated

24-08-2008. The clearly establishes that there is no impediment in setting up of Circuit Bench of State Commission at Madurai.

It is pertinent to point that all these information are gathered vide applications under the Right to Information Act.

The Department of Food and Consumer Protection has informed that if the Madurai Bench of Madras High Court provides accommodation the Circuit Bench will be set up. On the other hand the High Court has categorically informed that no request for accommodation has been received from the Department of Food and Consumer Protection seeking accommodation. The Department of Consumer Protection when approached through RTI Act in this issue is providing false/misleading/incorrect and contrasting information.

The time frame of 6 months fixed by the Hon’ble High Court expired way back on

12-05-2008. But inspite of the same the Department of Food & Consumer Protection still drags its feet for the reasons best known. The indifferent attitude and approach of the Dept. of Food and Consumer Protection towards setting up of Circuit Bench creates considerable apprehensions in the minds of the consumers and general public of southern districts that the Department of Food & Consumer Protection for reasons best known to them are adopted delaying tactics in setting up of the Circuit Bench at Madurai.

The lakhs and lakhs of general public/consumers of the southern districts are deeply disappointed with the undue delay in constitution of permanent circuit bench of State Commission at

Madurai and apprehend that hurdles are being artificially created with intention to delay the constitution of permanent bench of State Commission at Madurai.

The consumers of southern districts are waiting anxiously for setting up of Circuit Bench of SCDRC at

Madurai.