Bhubaneswar,March, 3:Provisions exist under the law to safeguard consumers across the country. In this regard, the State Consumer Protection Commission has been constituted in Cuttack, along with Consumer Courts in all 30 districts of Odisha and in Rourkela to ensure consumer protection in the state.
As per legal provisions under the State Consumer Welfare and Food Supplies Department, there should be 33 Presidents and 93 Members appointed across these Consumer Protection Courts. However, at present, the state has only 13 Presidents and 20 Members in position. Although the number is significantly lower than the sanctioned strength, uncertainty has now arisen regarding the tenure of the existing Presidents and Members. There is apprehension that from the first week of March, the State Consumer Protection Commission and the district-level forums may become completely non-functional.
The concern arises from a Public Interest Litigation filed about one and a half years ago in the Supreme Court. In that case, the Central Government had proposed several measures for the proper functioning of these courts. To strengthen the effectiveness of the Consumer Protection Courts, it was suggested that the salaries and allowances of the Presidents and Members be made equivalent to those of District Judge-level officers.
The Supreme Court initiated proceedings in the matter and made various states parties to the case. While some states have implemented the recommendations, many have not. The case also emphasizes the qualifications and selection process of Presidents and Members. However, until a final decision is delivered by the High Court/Supreme Court, the selection of new Presidents and Members has effectively been put on hold. In the meantime, directions have been issued allowing existing Presidents and Members across states to continue in office until a policy decision is finalized.
In Odisha, however, the Presidents and Members who were appointed for a three-year term are set to complete their tenure in the first week of March. The state government has not yet implemented the said directive nor extended their tenure. As a result, there is a strong possibility that from the first week of March, the State Consumer Protection Commission in Cuttack and the district-level Consumer Courts may cease to function.
With a large number of cases pending before these courts, consumers are already unable to fully benefit from the objectives of the Consumer Protection Act. If these offices become defunct, the situation may worsen further.
Senior advocate Subrat Kumar Nanda has urged the state government to immediately intervene and implement the Supreme Court’s directive. He has also written to the Chief Minister, seeking urgent intervention and demanding necessary steps to effectively enforce the Consumer Protection Act in the state.
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