BUDHIA JENA vs SECRETARY, BAJAPUR SERVICE CO-OPERATIVE SOCIETY, BAJAPUR

FOUR consumers and a voluntary organisa- tion registered under the Societies Registration Act are the complainants against deficiency in service on account of non-availability of essential commodities to them.

COMPLAINANT Nos. 1 to 4 are residents of village Bajapur. They made grievances before the voluntary organisation that they are not receiving any essential commodities and are to purchase the same from out side on higher price. Besides, Co-operative Societies which is the dealer supplies the commodities only for seven days and thereafter refuses to supply. COMPLAINANT No. 5 sent a letter on 4.6.1990 to the Assistant Civil Supplies Officer, Khurda and received a letter from the Block Development Officer, Khurda addressed to the Assistant Civil Supplies Officer, Khurda on 13.6.1990 indicating how the articles are being distributed. Not being satisfied with the same, this complaint has been filed so that essential controlled commodities shall be available to the villagers including complainant Nos 1 to 4. Despite valid Service of notice, opposite Party No. 1 the Secretary, Bajapur Service, Co- operative Society has not stated its case. However, Block Development Officer, Khurda (O.P. No.2) has stated its case wherein it has indicated that the service of the Co-operative Societies is negligent and has sent proposal to take action against it. The entire reply of opposite party No. 2 is quoted hereunder: "With reference to the subject cited above. I am to say that on receipt of allotment of controlled commodities from the C.S.O cum-Distt. Manager O.S.C.S.C. Ltd., Puri. we are distributing the same to the retailers of this Block area basing on the population of 1981 census. The copies of the distribution list are sent to the Sub-Collector, Khurda. C.S.O.-cum-Distt. Manager O.S.C.S.C. Ltd. Puri Local M.P. and M.L.A. for their information and necessary action. Further, the copies of distribution order are displayed on the notice board of this office for the information of the retailers and general public. The allotted stocks are issued to the retailers only on the recommendation of the village committee endrosed in the tally register of the retailers. The tally registers are issued to the retailers by the Sub-Collector, Khurda who is the appointing authority of the retailers. The village committee are formed in accordance with the instructions laid down by the Govt. to verify the receipt of controlled commodities by the retailers and sell the same under their direct supervision. On completion of sales, the said committee recommends for further issue of stocks to the said retailers. The Grama Panchayats are issuing family identity cards to the consumers of their G.P. area. No. of family members of each family is noted on the said identity cards by the Grama Panchayat. Thus the actual quota issued to the consumer is more or less determined by the Grama Panchayat and the village committee formed by the villagers for the purpose of smooth and equitable distribution of controlled commodities received by the village retailer. The prescribed scale for issue of sugar to the consumers is not practicable due to population rise and inadequate allotment of stocks. Besides the village committee, the inspecting officers verify the stocks and accounts at intervals on receipt of a complaint by the villagers, the Supply Inspector of this Block has made a detailed enquiry into the distribution of controlled commodities by the Secretary, Bajapur S.C.S. During his enquiry, it was noticed that the said S.C.S. did not lift Kerosene-oil for a long time. Moreover, the Secretary, Bajapur S.C.S. has not distributed sugar and Palmoline Oil properly and equitably to the consumers of that locality. This fact was reported to the Sub-Collector, Khurda for taking necessary action against the Secretary, Bajapur S.C.S. vide this office letter No. 793 dt. 19.4.1990. Thereafter subsequent reports were submitted against the Secretary, Bajapur S.C.S. to Sub-Collector, Khurda regarding improper functioning of the said S.C.S. vide this office letter No. 1238 dt. 12.6.1990. 1277 dt. 20.6.1990 and No. 1346 dt. 26.6.1990. Again, on 25.8.1990, a report was submitted by the Supply Inspector of this Block to the Asst. Civil Supplies Officer, Khurda for irregular functioning of the aforesaid S.C.S. Since, the Secretary, Bajapur S.C.S. was not functioning properly. Proposal for appointment of another retailer was submitted to the Sub-Collector, Khurda. On receipt of appointment order of another retailer, the area of S.C.S. Bajapur has been reduced pending further action against the S.C.S. by the Sub-Collector, Khurda. Thus, it is evident that timely steps have been taken to ensure proper distribution and smooth running of public distribution system at this level. The erring retailer have been taken into task. Hence, it may kindly be appreciated that timely actions have been taken and distributions are made on good faith for smooth running of public distribution system".

On perusal of the reply, we are satisfied that supply of essential commodities is controlled by State Govt. Government machinery is not functioning properly to take care of the public distribution system in making available controlled commodities to the residents in their area. When a complaint of non-receipt or short-supply of controlled commodities is received, officer-in-charge ought to rush to the spot and take timely action. Dissatisfaction would gradually increase if timely action is not taken and people are made to know the cause of such deficiency and measures taken to eradicate the same. From the reply it is seen that Inspector made an enquiry. Block Development Officer has not chosen to supply us a copy of the report of Inspector for our perusal. This itself shows that necessay steps are not being taken by the officer. We have strong hope that State Govt. would instruct to all officers for rendering full assistance to this Commission and District Forums in supplying information available with them so that disputes can be adjudicated by the adjudicating authorities.

COMING to merit of the case, on perusal of the letter of the B.D.O. we are satisfied that the grievances of the complainants are justified and the complainants are not supplied the controlled commodities regularly and adequately. In the circumstances if we direct for supply of controlled commodities which they have not received in the past, there is likelihood of their being misutilised and it may lead to black-marketing also. Accordingly, without directing supply of the commodities which have not been supplied to the consumers, we direct that from the date this order is received, commodities shall be supplied regularly. Inspector of supplies shall also personally approach the consumers for verifying whether they have received the commodities from the retail dealer regularly and the quantity received by them and shall submit a report to that effect to the Block Development Officer who in his turn shall make a test check in the village from at least 10% of the consumers whether essential commodities of required quantity are made available to them. Assistant Civil Supplies Officer shall also make test check in the locality if commodities are available and supplied. In case, this process is continued for sometime, there is every likelihood of public distribution system being brought to order. From the report, we are satisfied that the society who is the retail dealer, has rendered service to the consumers which is deficient for which complainant Nos. 1 to 4 has sustained loss. Accordingly, we direct opp. party No. 1 to pay Rs. 100/- as compensation to complain- ant Nos. 1 to 4 each (in all Rs. 400/-) within a month from the date of receipt of this order.

IN the result, we allow the complaint petition as directed above. There shall be no order to costs. Petition allowed.