Cuttack, Aug. 24: Orissa State Consumer Dispute Redressal Commission is embroiled in a controversy over a slew of allegations of irregularities in functioning and disposal of cases.
Orissa High Court had ordered an inquiry into the hearing and disposal of cases and records of appeals disposed of by the commission during the past three months.
The All-Orissa Consumer Protection Council and Federation of Consumer Organisation, Orissa, comprising nearly 200 voluntary consumer organisations and NGOs, had made the allegations against the commission in a PIL.
“The PIL came up for hearing before the two-judge bench of Justice B.P. Das and Justice B.K. Mishra today. But hearing was adjourned till September 15, pending submission of the inquiry report,” said petitioners’ counsel Dillip Kumar Mohapatra.
The petitioners had alleged that the Orissa State Consumer Dispute Redressal Commission had been setting aside orders of the district consumer forums while admitting the appeal without giving notice and opportunity to successful parties to represent their case before it.
The PIL alleged that “regulations laid down by the National Commission are neither being maintained as per the Benchmark nor the Consumer Protection Act, Rules and Regulations complied”.
As per the regulations of the national commission, a case has to be admitted within 21 days from the date of filing. But this is not being adhered to. Only five cases are listed for hearing in a day and only two cases are disposed of. Sometimes none are disposed of at all. As a result, backlog of cases are mounting day by day, it was alleged.
According to the petition, “No memos are accepted for urgent listing of cases and no priority is given to widows, senior citizen, BPL card holders and physically handicapped persons as per the guidelines laid down by the National Commission”.
When the law mandates that hearing shall be from 10.30am to 1pm and 2pm to 4pm on each working day, office hours of the Orissa State Consumer Dispute Redressal Commission court start from 11.30am instead of 10.30am and ends by 1.30pm to 2.00pm.
“The same situation prevails in the district forums. Consequently, the purpose of setting up a redressal agency and the Consumer Protection Act are being defeated and frustrated,” the petition had alleged, adding “The maladies have become so rampant, widespread and deep-rooted that it has been accepted as part of life by helpless consumers”.
On August 3, the court directed the commission to produce the records related to hearing and disposal of cases of last three months along with records of appeals disposed of without sending notices to respondents. The records were accordingly submitted in high court by the commission’s secretary on August 11.
On perusal of the records, the high court detected anomalies and asked its deputy registrar (judicial and establishment) to inquire into the proceedings and submit a report.
The high court had further directed the commission’s secretary for ensuring preparation of weekly cause lists of cases for hearing by all the district consumer forums. The court expected the weekly cause lists to be communicated to the state food supplies and consumer welfare secretary.