C LAKSHMI NARAIN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) WE have heard the learned counsel appearing for the petitioners and Mr. Raja Kalifulla, learned Government Pleader appearing for the State Government.

(2.) THIS Court by an order dated 19.4.2007 has issued the following directions in respect of the appointment of the Presidents and Members of the District Fora, Sanction of minimum staff strength to the State Commission and District Fora, Identification of site for putting up combined building for the State Commission and the North and South District Fora at Chennai, Furniture and other infrastructure for District Fora, Constitution of Additional Courts of the State Commission in different parts of the State and the Constitution of State Consumer Protection Council under the Consumer Protection Act and the District Consumer Protection Council, with direction to the Secretary, Co-operation, Food and Consumer Protection Department to file an action taken report within a period of ten weeks from the date of the said order. "I. Appointment of Presidents and Members in the District For a: a. The respondents are directed to convene the meeting of the Selection Committee and make the necessary appointments to the vacancies of four members in the District Fora and one Lady Member in the State Commission within a period of eight weeks from to-day; b. As to the appointment of Presidents to the District Fora, there are four vacancies to be filled up. It seems that three retired Distrct Judges have expressed their willingness to be appointed as Presidents and they can be immediately considered for appointment. As regard the appointment to the fourth vacancy, the President, State Commission can explore the possibility of filling up the said vacancy by a legally qualified person, preferably a retired District Judge; c. The respondents are directed to ensure that anticipated vacancies are filled up without giving rise to any disruption in the functioning of the Consumer Fora. Advertisements may be given atleast six months in advance for filling up the anticipated vacancies. II. Sanction of Minimum Staff Strength to the State Commission and District Fora: a. The State Commission, in its letter dated 19.2.2001, had sent necessary proposal to Government as per the recommendation of the Bagla Committee for sanction of 47 numbers of posts in various categories of each District Fora, as appended in Annexure-I to the affidavit of the Registrar of the State Commission. The said proposal is still under the consideration of the State Government. Pending sanction of the full strength as recommended by the Bagla Committee, the State Commission has sent necessary proposals to the Government for sanction of minimum of at least ten posts of additional staff as a temporary measure to the Commission. After prolonged and protracted correspondence, the Government, vide its G.O. Ms. No. 245 dated 25.10.2006, has sanctioned only four numbers of posts. The State Government is directed to forthwith (Superintendents), three Assistants and one Typist and these posts shall be filled up within a period of four months from to-day. Similarly, the State Government is directed to forthwith sanction the appointment to the post of Register as per requisition of the State Commission. b. As far as the District Fora are concerned, the President, the State Commission and the Secretary, Co-operation, Food and Consumer Protection Department shall conduct a joint survey of all the District Centres and recommend the minimum number of posts required to be sanctioned for the District Fora in the State, within a period of eight weeks from to-day. III. Identification of Site of Putting up combined building for the State Commission and the North and South District fora in Chennai: It is seen that out of the Government of India's one time grant of Rs. 2.70 Crores received during 1995-97 for strengthening the infrastructure facilities for the State Commission and 22 District Fora, a sum of Rs. 1,11,72,604/- has been spent for the provision of infrastructural facilities and a sum of Rs. 1,58,27,396/- is available with the State Government as on date. Though the Government of India is prepared to allocate additional fund for the provision of infrastructural facilities for the State Commission as well as the District Fora, as the State Commission has not fully utilized the one time grant already allocated to the State of Tamil Nadu, the Central Government is not in a position to provide the additional fund to the State of Tamil Nadu. The Registrar incharge and the Secretary, Co-operation, Food and Consumer Protection Department informed the Court that a site has been identified in Nandanam, which belongs to the Public Works Department and has been handed over to the Tamil Nadu Civil Government of Tamil Nadu is directed to take steps to procure the said land at Nandanam for the purpose of construction of a combined building for the State Commission and the District Fora. In the alternative, the Government may consider acquiring a rental premises for locating the State Commission and the District Fora, preferably at one place. It has been indicated by the Registrar incharge of the State Commission is approximately 14,000 sq.ft. The Chief Secretary shall make a report to this Court in this regard within a period of eight weeks from to-day. IV. Furniture and other infrastructure for District Fora: The State Government is directed to provide to all the District Fora, in consultation with the State Commission, adequate quantity of furniture like office table, cupboards, library racks etc. within a period of six months from to-day. V. Constitution of Additional Courts of the State Commission in different parts of the State: a. We are informed that the time frame set for the speedy disposal of cases could be strictly adhered to, due to heavy pendency of cases and therefore, it is necessary to set up Circuit Benches of the State Commission in different parts of the State. It is reported that there is heavy pendency of cases in certain districts and therefore, there is a need for the creation of additional courts, with sanction of appropriate staff and the infrastructure facilities, in the following districts: Sl. No. Name of the DCDRF Additional Bench Required 1 Chennai (South) 2 2 Chennai (North) 1 3 Madurai 1 4 Coimbatore 1 5 Salem 1 (b) The State Government is directed to consider the proposal for creating additional Courts made by the State Commission and make a report to this Court as to viability of establishing such Courts within eight weeks from to-day. VI. Constitution of State Consumer Protection Council of the Consumer Protection Act and District Consumer Protection Council: a. As for as the establishments of 6 State Consumer Protection Council in terms of Section 7 of the Consumer Protection Act, 1986 is concerned, the Central Government has already nominated five members. The State Government is directed to send its list of five members to the Central Government, within a period of eight weeks from to-day and thereafter, the Council shall be constituted in accordance with Section 7 of the Act. The Council shall hold meetings atleast twice in a year, as provided under Section 7(3) of the Act."