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STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, CUTTACK
Honble Mr. Justice S.C. Mohapatra, President;
Dr. R.N. Panigrahi, Member; Mrs. J. Patnaik, Member
BUDHIA JENA & ORS.––Appellant
versus
SECRETARY, BAJAPUR SERVICE CO-OPERATIVE SOCIETY,
BAJAPUR AND ANR.––Respondents
C.D. No. 51 of 1990—Decided on 25.1.1991
Counsel for the Party :
For the Appellants :R.N. Mohanty, Advocate.
The government machinery is responsible for ensuring the availability of essential commodities to the residents in their area. Retail dealers who render deficient service to consumers are liable to pay compensation for the loss sustained by the consumers.
Headnote:
CONSUMER PROTECTION - ESSENTIAL COMMODITIES - DEFICIENCY IN SERVICE - NON-AVAILABILITY OF ESSENTIAL COMMODITIES - SUPPLY OF CONTROLLED COMMODITIES - PUBLIC DISTRIBUTION SYSTEM - RESPONSIBILITY OF GOVERNMENT MACHINERY - ACTION AGAINST ERRING RETAILERS - COMPENSATION FOR LOSS SUSTAINED BY CONSUMERS.
Fact of the Case:
Four consumers and a voluntary organization filed a complaint alleging deficiency in service due to non-availability of essential commodities. The complainants stated that they were not receiving any essential commodities and had to purchase them from outside at higher prices. The Co-operative Society, which was the dealer, supplied the commodities only for seven days and thereafter refused to supply.
Finding of the Court:
The court found that the supply of essential commodities was controlled by the State Government and that the government machinery was not functioning properly to ensure the availability of controlled commodities to the residents in their area. The court also found that the retail dealer, the society, had rendered deficient service to the consumers, causing them loss.
Issues: 1. Whether the government machinery was functioning properly to ensure the availability of controlled commodities to the residents in their area. 2. Whether the retail dealer had rendered deficient service to the consumers.
Ratio Decidendi: The court held that the government machinery was not functioning properly to ensure the availability of controlled commodities to the residents in their area. The court also held that the retail dealer had rendered deficient service to the consumers, causing them loss.
Final Decision: The court directed the retail dealer to pay compensation to the consumers for the loss sustained by them. The court also directed the government machinery to take necessary steps to ensure the regular and adequate supply of controlled commodities to the consumers.
Mr. Justice S.C. Mohapatra, President—Four consumers and a voluntary organisa- tion registered under the Societies Registration Act are the complainants against deficiency in service on account of non-availability of essential commodities to them.
2. Complainant Nos. 1 to 4 are residents of village Bajapur. They made grievances before the voluntary organisation that they are not receiving any essential commodities and are to purchase the same from out side on higher price. Besides, Co-operative Societies which is the dealer supplies the commodities only for seven days and thereafter refuses to supply. Complainant No. 5 sent a letter on 4.6.1990 to the Assistant Civil Supplies Officer, Khurda and received a letter from the Block Development Officer, Khurda addressed to the Assistant Civil Supplies Officer, Khurda on 13.6.1990 indicating how the articles are being distributed. Not being satisfied with the same, this complaint has been filed so that essential controlled commodities shall be available to the villagers including complainant Nos 1 to 4. Despite valid Service of notice, opposite Party No. 1 the Secretary, Bajapur Service, Co- operative Society has not stated its case. However, Block Development Officer, Khurda (O.P. No.2) has stated its case wherein it has indicated that the service of the Co-operative Societies is negligent and has sent proposal to take action against it.
3. The entire reply of opposite party No. 2 is quoted hereunder:
"With reference to the subject cited above. I am to say that on receipt of allotment of controlled commodities from the C.S.O cum-Distt. Manager O.S.C.S.C. Ltd., Puri. we are distributing the same to the retailers of this Block area basing on the population of 1981 census. The copies of the distribution list are sent to the Sub-Collector, Khurda. C.S.O.-cum-Distt. Manager O.S.C.S.C. Ltd. Puri Local M.P. and M.L.A. for their information and necessary action. Further, the copies of distribution order are displayed on the notice board of this office for the information of the retailers and general public. The allotted stocks are issued to the retailers only on the recommendation of the village committee endrosed in the tally register of the retailers. The tally registers are issued to the retailers by the Sub-Collector, Khurda who is the appointing authority of the retailers. The village committee are formed in accordance with the instructions laid down by the Govt. to verify the receipt of controlled commodities by the retailers and sell the same under their direct supervision. On completion of sales, the said committee recommends for further issue of stocks to the said retailers.
The Grama Panchayats are issuing family identity cards to the consumers of their G.P. area. No. of family members of each family is noted on the said identity cards by the Grama Panchayat.
Thus the actual quota issued to the consumer is more or less determined by the Grama Panchayat and the village committee formed by the villagers for the purpose of smooth and equitable distribution of controlled commodities received by the village retailer. The prescribed scale for issue of sugar to the consumers is not practicable due to population rise and inadequate allotment of stocks.
Besides the village committee, the inspecting officers verify the stocks and accounts at intervals on receipt of a complaint by the villagers, the Supply Inspector of this Block has made a detailed enquiry into the distribution of controlled commodities by the Secretary, Bajapur S.C.S. During his enquiry, it was noticed that the said S.C.S. did not lift Kerosene-oil for a long time. Moreover, the Secretary, Bajapur S.C.S. has not distributed sugar and Palmoline Oil properly and equitably to the consumers of that locality. This fact was reported to the Sub-Collector, Khurda for taking necessary action against the Secretary, Bajapur S.C.S. vide this office letter No. 793 dt. 19.4.1990. Thereafter subsequent reports were submitted against the
