Chennai: On October 7, 2014, Sajan Thandaserry and his wife Maduhlatha Dharma, now residing at Madison, USA, were happy when the State Consumer Disputes Redressal Commission awarded them a compensation of Rs 83 lakh.
The commission directed Sri Renga Property Developers Pvt Ltd, Saibaba Colony, Coimbatore, to pay the sum for its failure to construct a flat even after collecting the entire amount in advance from the couple.
As per an agreement of June 21, 2008, the builder agreed to complete the construction before December 31 that year. Even after repeated requests, the company refused to build the flat and hence, he approached the commission, which directed the developer to pay the amount within two months.
However, the developer filed an appeal before the National Consumer Disputes Redressal Commission, New Delhi, which remitted the matter back to State Commission with direction to the builder to disburse the amount. Just when, the builder was releasing the amount in a phased manner, Justice R.Regupathi, who was president of the Commission, retired in May 2015, and the builder halted the process abruptly. The couple is awaiting the amount.
Similarly, a large number of litigants, even after winning their cases, are waiting for a new president to take over. Complainants awarded compensation for medical negligence are also suffering. Complainants and advocates practicing in the consumer forums hope that the new government would appoint the president of the commission and fill over 60 per cent vacancies in the district forums at the earliest.
V.Shankar, an advocate, said "Advocates remained jobless as normal work in the state commission remained paralysed for past six months. The state government and authorities had not taken effort to fill the post of president, which became vacant in May 2015". The authorities should have anticipated vacancies in advance and selected the president.
Without the president, the commission had not been able to appoint committees to recruit members/officials in district consumer forums across the state. For a few months, president of Villupuram District Consumer Disputes Redressal Forum, regularly visited Chengalpattu in the afternoon to attend Kancheepuram Forum after completing work in Villupuram, Shankar said. A committee headed by president of state commission has power to fill vacancies in district forums.
As on May 2016, the 30 district consumer forums have disposed of 1,04,866 cases out of 1,13,357 filed and 8491 pending. Of this, 2,254 cases are pending for over a year and 2835 for two years. As per the Consumer Protection Act, consumer forums should dispose of complaints in 90 days. A total of 2,907 cases are pending are before the state commission. Of this, 776 cases are pending for over a year and 817 cases for over two years.
He said the as per law, each complaint, including all appeals in state commission, National Commission and Supreme Court, should be disposed of within a year. The Act prescribed the maximum time limit for the benefit of affected people and to get speedy justice.
