Full Text
HIGH COURT OF DELHI
Date of Decision: 23rd January, 2023
MOHAN PRASAD (SINCE DECEASED) THROUGH HIS LRS SH.
YOGESH & ORS. ..... Petitioners
Through: Mr. F.K. Jha and Mr. Gaurav Jha, Advocates. (M:9810055432)
Through: Mr. Satyakam, ASC with Ms. Pallavi Singh, Advocate for R-3 (M:
9643238429).
JUDGMENT
(26) AND + W.P.(C) 5785/2022 and CM APPL. 17294/2022 AALOK KUMAR GUPTA..... Petitioner Through: Mr. Bibhuti Bhushan Mishra, Advocate.
VERSUS
MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION AND ORS..... Respondents Through: Mr. Satyakam, ASC with Ms. Pallavi Singh, Advocate. CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral)
1. This hearing has been done through hybrid mode.
2. The present petitions are in respect of the issue of long pendency of matters listed for final arguments before District Consumer Dispute Redressal Forums.
3. Vide order dated 22nd November, 2022, the Court had directed the report as to the updated data of the final hearing matters. The Court had also directed the Registrar General to compile and place before the Court the various reports received.
4. Status report has been received from the Secretary, Food Supplies and Consumer Affairs Department, GNCTD, in which status in respect of the following aspects has been set out:
5. As per the report, since no land is available with the Government, the Department is stated to be in process of obtaining a rental property from private building owners and an advertisement in this regard is in the process of being issued.
6. Let the necessary steps be taken towards the same in a time bound manner.
7. The qualification, terms of office etc. of President and Members of the District Forums is under consideration before the Hon’ble Supreme Court in SLP (Civil) 19492/2021 titled The Secretary Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye.
8. Accordingly, orders on this aspect are deferred at this stage.
9. Insofar as change of nomenclature of the DCDRC (South I) and DCDRC (South II) to District Commission South and District Commission South East, respectively, is concerned, the proposal is stated to be submitted to the Law Department, GNCTD.
10. Let the necessary steps in this regard be taken within 4 weeks.
11. All vacant posts of subordinate staff of various District Commissions are stated to have already been filled. Even replacement of Hindi stenographers with English stenographers is reported to have taken place.
12. Insofar as the infrastructure and establishment of the mediation centre is concerned, there is a detailed report, which has been submitted, through the Registrar General, by the PWD. As per the said Report, the Committee was constituted consisting of the Superintending Engineer (South), PWD, an Architect as also the Executive Engineers of the Building Maintenance Division. Inspections were conducted on 11th, 12th and 13th January, 2023 and the observations of the PWD are as under: “The general observations for almost all the DCDRCs and the State Commission are as under:-.
1. There are old records in many premises which may be weeded out.
2. There is old and unused furniture in many premises which needs to be disposed off.
3. Some compactors are being used for storage, however there is scope for additional compactors and fixed storage using which scattered storage units may be removed and records kept in well managed manner.
4. Office space for staff can be increased by providing reorientation of existing workstations and construction of some new workstations with overhead storage.
5. Common toilets and Pantry needs renovation at most locations.”
13. Considering the general observations made by the PWD and the fact that the meeting was held under the aegis of the President, State Commission on 10th January, 2023, let another meeting be held by the President, State Commission with the PWD Committee as also the Secretary, Ministry of Consumer Affairs, GNCTD in order to consider the steps to be taken for weeding out old records, removal of furniture and for ordering additional compactor for storage.
14. The said meeting shall be held with the President, State Commission Forum on 6th February 2023 at 4 pm. The officials from the PWD as also the Department of Consumer Affairs, GNCTD shall attend the said meeting.
15. On this aspect the report states that a meeting was held with the Special Secretary Services (Cadre Controlling Department) on 16th November, 2022 and it has been decided that the staff of State Commission and District Commissions would not be considered for transfer at least for a 3 years’ tenure.
16. No further orders are required to be passed on this aspect.
17. The requirement of additional posts is stated to have been received from seven District Commissions and three District Commissions are yet to submit their proposal for creation of additional posts. Accordingly, the three District Commissions, i.e., DCDRC, West, DCDRC, New Delhi and DCDRC, South West shall submit their proposals for creation of posts within 2 weeks to Mr. Satyakam, ASC on his mobile number (9643238429). Upon the said proposals being furnished the entire requirement shall be compiled and a decision shall be taken as to the number of posts which would have to be created.
18. Let a fresh status report be brought on record by the Secretary, Food Supplies and Consumer Affairs Department in this matter within 4 weeks on the aspects highlighted above.
19. It is submitted by ld. Counsel for the Petitioner in W.P.(C) 12490/2021, that pursuant to the earlier directions given by this Court, matters are now being listed for final hearing and arguments are being heard.
20. Let the Registrar, State Consumer Dispute Redressal Forum obtain relevant data in respect of final hearings which have been held and disposed of matters between 1st November, 2022 and 30th January, 2023 be placed on record. 23. The Registrar General of this Court to communicate with the terms of this order.
21. Insofar as the relief sought in W.P.(C) 5785/2022 qua the integration of State of Consumer Dispute Resolution Commission with National Judicial Data Grid, the matter shall be considered on the next date of hearing.
22. This order be communicated to the Registrar, State Consumer Dispute Redressal Forum.
23. Let Mr. Satyakam, ld. Counsel for the GNCTD be also supplied with a copy of the report of PWD, which is on record.
24. In future, the PWD may consider appearing before this Court through Counsel so that the matter can be considered from the PWD’s perspective and directions can be passed.
25. List on 22nd March, 2023.
26. These are part heard matters.
PRATHIBA M. SINGH, J. JANUARY 23, 2023/dk/sk