FAST FACTS
HC raps state over consumer courts
Over 17,000 Cases Are Pending In Various Courts, Some Since 1990 ……..Shibu Thomas I TNN
Mumbai: It is over 20 years since the Union government enforced the Consumer Protection Act, however, the Maharashtra government is yet to ensure smooth functioning of consumer forums. The condition of consumer forums across the state invited the wrath of the Bombay high court on Wednesday.
If the government has money to put out advertisements in newspapers and television, why does it claim paucity of funds when it comes to providing infrastructure for courts, said a division bench of Justices J N Patel and S J Kathawalla.
Admonishing the government for its lack of seriousness on the issue, the judges reminded the state that such forums were meant for dispensing justice to the public.
The court was hearing a public interest litigation (PIL) filed by the Consumer Court Advocates Association, which had raised the issue of lack of proper infrastructure and shortage of staff at the 34 consumer forums in the state.
Over 17,000 cases are pending in the various courts, with some applications dating back to 1990. While 10 new consumer complaints are filed daily, around 40 to 60 appeals are lodged every day.
According to the PIL, the Act, introduced in 1986, provides that the consumer courts have to dispose of the cases within 90 days. In reality, however, this rarely happens, states the petition.
There is no plan, no vision, no seriousness, said the judges. Show us a single case that was disposed of within 90 days.
Assistant government pleader R K Sonawane informed the court that the food and civil supplies department had sought a provision for Rs 50 lakh for upgrading infrastructure at the consumer courts, but the state finance ministry had shot it down.
Though the law says that a retired high court judge should be appointed as president of the consumer forum, the government is appointing retired district court judges, said advocate Uday Wavikar. According to Wavikar, at many forums, there is inadequate space and lack of facilities. The state is also unable to fill the vacancies for members of the consumer forums, resulting in the backlog of cases.
Consequently, new cases sometimes take up to a year to be heard by the consumer court, he added.
The judges have now given the principal secretary (food, civil supplies and consumer protection) three weeks time to file an affidavit on the issue, listing out the problems faced by the courts and measures to be taken to ensure their smooth functioning.