Seashore / sea / sea beach

Way to Konark Odisha

Consumer Commission in West Bengal is acting like a "Muhalla Legal Aid Clinic", it indicates a serious deviation from its intended role under the Consumer Protection Act, 2019

 Consumer Commission in West Bengal is acting like a "Muhalla Legal Aid Clinic", it indicates a serious deviation from its intended role under the Consumer Protection Act, 2019.

Why Is This a Problem?

1. Consumer Commissions Have a Defined Legal Role:

   • Consumer Commissions are quasi-judicial bodies meant to adjudicate consumer disputes, not function as informal legal aid clinics.

   • They must conduct hearings, examine evidence, and issue legally binding orders.

2. Lack of Proper Proceedings & Orders:

   • If the Commission is not following proper judicial procedures and instead acting like a local dispute resolution forum, it can undermine consumer rights.

   • Orders passed under such informal settings may lack legal standing and can be easily challenged in higher forums.

3. Denial of Due Process:

   • Consumers are entitled to a structured legal process with clear arguments, documentary evidence, and reasoned orders.

   • A casual, advisory approach can result in cases not being properly decided.

4. Government Negligence in Strengthening the Commission:

   • The state government is responsible for ensuring fully functional commissions with appointed Presidents and qualified members.

   • The current situation suggests that the Consumer Protection Mechanism is being diluted in West Bengal.

What Can Be Done?

 

What Can Be Done?

1. Filing a Legal Challenge:

   • If a Presiding Member is acting as President without proper appointment, an appeal or writ petition can be filed challenging their authority.

2. RTI to Obtain Appointment Details:

   • File an RTI seeking clarification on:

     • Who authorized the Presiding Member to act as President.

     • Whether there was a proper appointment order.

     • Any government action to appoint a lawful President.

3. Escalating to National Consumer Commission (NCDRC):

   • A complaint can be filed with the NCDRC or the Ministry of Consumer Affairs regarding the improper appointment practices in West Bengal.

Presiding member cited as President in Charge is not lawful and adhered to the Consumer Protection Rules

 Presiding member cited as President in Charge is not lawful and adhered to the Consumer Protection Rules

Why is it Unlawful?

1. Legal Requirement for Appointment:

   • The President of a Consumer Commission must be appointed as per the prescribed procedure by the appropriate state or central authority.

   • A Presiding Member does not automatically assume the role of President, unless explicitly provided for in the law or through a valid appointment process.

2. Violation of Consumer Protection Rules:

   • The Consumer Protection (Qualification for Appointment, Method of Recruitment, Procedure for Appointment, Term of Office, Resignation, and Removal of the President and Members of the State Commission and District Commission) Rules, 2020, outline the exact process for appointing Presidents.

   • If a Presiding Member is designated as ‘President In-Charge’ without proper legal backing, it goes against these rules.

3. Impact on Legitimacy of Orders:

   • Decisions made under an unauthorized ‘President In-Charge’ may be challenged in higher forums for lack of jurisdiction.

   • This can further delay justice for consumers and lead to unnecessary legal complications.

Crisis in Consumer Commissions of West Bengal: A Detailed Overview

 

Crisis in Consumer Commissions of West Bengal: A Detailed Overview

The consumer dispute redressal system in West Bengal is currently facing a major crisis due to the absence of Presidents and Members in several Consumer Commissions. This has resulted in severe delays in handling consumer cases, leading to frustration among complainants who seek justice. Furthermore, even when members are present, their lack of expertise in consumer law affects the quality of decisions, making the entire system ineffective.

---

Key Issues Faced

1. Vacant Positions in Consumer Commissions:

   • Many District Consumer Disputes Redressal Commissions (DCDRCs) and the State Consumer Disputes Redressal Commission (SCDRC) in West Bengal are operating without a President or sufficient members.

   • The absence of key personnel has caused a significant backlog of cases, delaying justice for consumers.

2. Lack of Competence Among Appointed Members:

   • Even when members are appointed, some lack the legal expertise or proper understanding of consumer laws, leading to improper handling of cases.

   • This results in flawed or delayed decisions, defeating the purpose of consumer protection laws.

3. Increase in Case Backlogs & Consumer Frustration:

   • Due to staff shortages, hearings are repeatedly postponed, leading to a significant backlog of unresolved cases.

   • Consumers who approach these forums in search of quick and fair resolutions are left frustrated, as cases drag on for months or even years.

4. Negligence by the State Government:

   • The state government is responsible for appointing the President and members, but delays in recruitment suggest administrative negligence.

   • Despite consumer protection being a fundamental right, the government’s inaction has weakened the effectiveness of these commissions.

WRITTEN OBJECTION TO THE EXPARTE VACATING PETITION FILED BY THE RESPONDENT

 

District : South 24 Parganas

 

In the Court of the Learned 9^th Judicial Magistrate, Alipore, South 24 Parganas

 

                                                          Misc. Case no.      AC/745/2023

 

                                                          In the matter of ;

 

Smt. Putul Mondal,

                ________Aggrieved Person

 

-      Versus –

 

Kartik Mondal,

                   ___________Respondent

 

WRITTEN OBJECTION TO THE EXPARTE VACATING PETITION FILED BY THE RESPONDENT;

The humble petition of the above named Aggrieved Person;

 

MOST RESPECTFULLY SHOWETH:

 

1.   That the Petitioner has filed the present case under the provisions of Section 12 & 23 the Protection of Women from Domestic Violence Act, 2005, seeking protection, monetary relief, and appropriate orders from this Learned Court against the Respondent due to acts of domestic violence perpetrated against the Petitioner.

 

2.   That the Respondent has filed an Ex Parte Vacating Petition with the oblique intention to delay the present case, and to harass the petitioner.

 

3.   That the Ex Parte Vacating Petition filed by the Respondent is not maintainable in law and is devoid of any merits, as the several opportunity has been given to the respondent to contest the present case which he defy.

 

4.   That the Petitioner has been subjected to severe acts of domestic violence, both physical and emotional, and the relief prayed before this Learned Court is necessary to prevent further harm and ensure the safety and well-being of the Petitioner.

 

5.   That the Respondent, through the present petition, is attempting to misuse the process of law to evade legal accountability and deny the Petitioner the protection she is legally entitled to under the applicable domestic violence statutes.

 

 

6.   That the reasons stated by the Respondent in the Ex Parte Vacating Petition are misleading, false, and do not hold any substantial legal ground for vacating the Ex Parte order.

 

7.   That the Petitioner seeks the dismissal of the Ex Parte Vacating Petition made by the respondent with exemplary cost.

 

8.   That this application is made bonafide and in the interest of administration of Justice.

 

 

PRAYER:

 

In view of the facts and circumstances mentioned hereinabove, it is most respectfully prayed that this Learned Court;

 

(a)    Be pleased to dismiss the Ex Parte Vacating Petition filed by the Respondent, with costs;

 

(b)    Pass such other and further orders as this Learned Court may deem just and proper in the interest of justice and equity.

 

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

I, Smt. Putul Mondal, Wife of Sri Kartik Mondal, aged about 52 years, by faith Hindu, by Occupation House Wife, residing at Premises being no. C/42, Jamuna Nagar, Post Office – Mukundapur, Police Station – Purba Jadavpur, Kolkata – 700099, District – South 24 Parganas, do hereby solemnly affirm and says as follows;

 

1.   That I am the aggrieved person in the present application. I am acquainted and conversant with the material facts stated in the foregoing paragraph of this application. I am competent to swear this affidavit.

 

2.   That the statement made in paragraph no. 1, 2, & 3, are true to my knowledge and belief and the rests are my humble submissions before the Learned Court.

 

That the statements made above are true to my knowledge and belief.

 

 

 

 

 

DEPONENT

Identified by me,

 

Advocate

Prepared in my Chamber;

 

Advocate

Date : _______________2025,

Place :Alipore Police Court,

 

N O T A R Y