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Friday, December 25, 1998

Consumer forum chief in for hard time

Vibhuti Mehra  
VADODARA, Dec 24: Newly appointed president of the Vadodara District Consumer Rights Forum J Brahmbhatt, a senior divisional judge of the Vadodara Civil Court, may have his hands full for a while judging the file-load of pending cases before him.

Over 1,300 complaints from Vadodara city alone, some dating back to 10 years, await redressal by the forum head entrusted with the responsibility of delivering justice to consumers from both Vadodara and Bharuch districts. At least 350 cases had been placed under `sine die' by Sessions and District Judge A Kapadia during his tenure as the forum president in 1993-94. Till date, none have come up for hearing though many were filed as early as 1992.

Designated as the forum head in October, two months after the resignation of his predecessor J Makwana, Brahmbhatt, who took charge only recently, told Express Newsline on Thursday, ``While I have to still get acquainted with the methods of functioning of the consumer court, I will certainly see to it that the backlog of cases is cleared at the earliest''.

The two other members of the forum include noted social activist Aruna Lakhani and opthalmologist Ashok Mehta. Members of city-based organisation Jagrut Grahak point out that besides an effectual head, it is also important that the two forum members engage themselves with the court work for longer durations on a daily basis if justice has to be expedited.

``Presently, as each member is more occupied with his or her respective vocation, they cannot attend to the court work for more than a couple of hours in a day,'' said advocate Arun Kagadwala, in-charge of the legal cell of Jagrut Grahak.

`Needless lapse of duty' on part of the clerical staff is also being cited as a cause of worry for the consumers seeking justice. According to Kagadwala, ``After a complaint is filed with the forum, a first notice has to be issued to the party concerned denoting the cognisance of his complaint. However, in a majority of the cases, the first notice never reaches the parties. The reason cited is lack of funds in the forum for paying postal charges''.

Despite the forum having been provided its own photostat machine, complainants are driven to get the copies from outside at their own expense as the machine has been out-of-order for months. ``We have made constant representations in this regard to the government. What can we do if they don't clear the required procedures for a new machine?'' said a forum staffer, requesting anonymity.

But the consumer's problems do not end with a favourable judgement. Failure to comply with a court decision favouring the consumer, can result in the attachment of property of the opposite party under Section 25 or penalty and imprisonment upto one year under Section 27 of the Consumer Protection Act.

``However, this forum has no bailiff to serve the notice under Section 25. Hence, the orders go to the civil court which itself is so burdened that it hardly is able to partake the consumer court's share of work. So, orders of the forum keep pending. Naturally, the opposite parties are not too bothered even if a case is filed against them,'' said Kagadwala.

Jagrut Grahak has even brought the matter to the notice of the Parivartan Cell set up by the Chief Minister. ``We didn't even receive an acknowledgement. What purpose will increased awareness of consumer rights serve when there is no guarantee that their rights will be protected,'' he said.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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