NCDRC

NCDRC

MA/662/2018

D.P. SHARMA - Complainant(s)

Versus

DR. SUBODH AGARWAL, CHIEF SECRETARY, FOOD SUPPLIES AND CONSUMER WELFARE DEPARTMENT - Opp.Party(s)

MR. KAMAL JYOTI SHARMA & MR. PRAKASH SHARMA

02 Nov 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
MISCELLANEOUS APPLICATION NO. 662 OF 2018
 
IN
RP/622/2017
1. D.P. SHARMA
...........Appellants(s)
Versus 
1. DR. SUBODH AGARWAL, CHIEF SECRETARY, FOOD SUPPLIES AND CONSUMER WELFARE DEPARTMENT
...........Respondent(s)

BEFORE: 
 HON'BLE MR. PREM NARAIN,PRESIDING MEMBER

For the Appellant :
For the Respondent :

Dated : 02 Nov 2018
ORDER

Registry has received a letter dated 03.10.2018 from the Deputy Registrar State Consumer Disputes Redressal Commission, Rajasthan seeking review of the order dated 16.08.2018 passed by this Commission in Revision Petition No.622 of 2017.  The revision petition was filed by petitioner D.P.Sharma against the order dated 18.11.2016 passed by the State Commission under Section 27 of the Consumer Protection Act, 1986.  The original execution application under Section 25 of the Consumer Protection Act, was filed by the petitioner for execution of order of refund of Rs.2,000/- from the State Commission, which was deposited in excess.  The petitioner had alleged that it has taken roughly 2 years for the Registry of the State Commission to refund meagre amount of Rs.2,000/- to the complainant.  As the amount was refunded, the State Commission dismissed the application moved under Section 27 of the Consumer Protection Act, 1986.  This Commission vide order dated 16.08.2018 passed the order that there has been an excessive delay in refunding the amount of Rs.2,000/- and therefore, the matter was ordered to be sent to the Principal Secretary of Consumer Affairs of the Government of Rajasthan to look into the matter and particularly the affairs of the Registry of the State Commission and to take appropriate action against delinquent employees. 

In the application sent to this Commission by the registry of the State Commission, it has been mentioned that the matter was inquired by the Registrar of the State Commission, where it has been found by the Registrar of the State Commission that no employee of the registry is responsible for the delay as the complainant applied for refund of Rs.2,000/- in Original Petition No.125 of 2014 and the President of the State Commission passed order on 16.10.2015 for refund of the said amount, thereafter a letter was sent to the Director of the Department of Consumer Affairs on 23.10.2015 for approving the refund.  Later on reminders were sent on 18.11.2015 and 08.02.2016.  Finally approval was granted by the Government on 13.04.2016 and accordingly demand draft of Rs.2,000/- was also received from the Government on 27.07.2016, which was sent to the complainant on 02.08.2016.

In the light of the above facts, it has been requested that this Commission may review its order dated 16.08.2018 so far as it relates to the observation of the National Commission in respect of the functioning of the State Commission.

          I have considered the averments made in the letter of the State Commission and also perused record available on the main file.  There is no doubt that the delay of about two years has happened in getting refund of Rs.2,000/- due to basically the procedural delays.  This Commission would still like to stand by its order that the matter be inquired into by the Principal Secretary Government of Rajasthan in its entirety.   However, in the circumstances of the case, the portion  “It seems that Administration of the State Commission and particularly Registry of the State Commission is in a bad shape” of the impugned order dated 16.08.2018 shall be substituted with “Clearly consumers are facing problem in the State Commission to get refund”.

          Copy of this order be sent to the State Commission Rajasthan as well as to the Principal Secretary Department of Consumer Affairs, Government of Rajasthan.

 
......................
PREM NARAIN
PRESIDING MEMBER

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