The concept of social justice and the role of

Consumer Courts
A case study in the Ganjam District Consumer Forum,Orissa.
The concept of social justice is a revolutionary concept which provides meaning and significance to life and
makes the rule of law dynamic. When Indian society seeks to meet the challenge of socio-economic inequality
by its legislation and with the assistance of the rule of law, it seeks to achieve economic justice without any
violent conflict. The ideal of a welfare state postulates unceasing pursuit of the doctrine of social justice. The
idea of welfare state is that the claims of social justice must be treated as cardinal and paramount. Social justice
is not a blind concept or a preposterous dogma. It seeks to do justice to all the citizens of the state. Democracy,
therefore, must not show excess of valour by imposing unnecessary legislative regulations and prohibitions, in
the same way as they must not show timidity in attacking the problem of inequality by refusing the past the
necessary and reasonable regulatory measures at all. Constant endeavour has to be made to sustain individual
freedom and liberty and subject them to reasonable regulation and control as to achieve socio-economic justice.
Social justice must be achieved by adopting necessary and reasonable measures. That, shortly stated, is the
concept of social justice and its implications. Citizens zealous of their individual freedom and liberty must co-
operate with democracy which seeks to regulate freedom and liberty in the interest of social good, but they must
be able to resist the imposition of any restraints on individual liberty and freedom which are not rationally and
reasonably required in the interests of public good, in a democratic way. It is in the light of these difficult times
that the rule of law comes into operation and the judges have to play their role without fear or favour,
uninfluenced by any considerations of dogma or isms. The term social justice is a blanket term so as to include
both social justice and economic justice.

The Indian legal system experienced a revolution with the enactment of the Consumer Protection Act of
1986 (CPA), which was specifically designed to protect consumer interests. The CPA was passed with avowed
objectives. It is intended to provide justice which is “less formal, and involves less paper work, less delay and
less expense”. The CPA has received wide recognition in India as poor man’s legislation, ensuring easy access
to justice. However, the CPA simply gives a new dimension to rights that have been recognized and protected
since the ancient period. It is rightly said that “the present-day concern for consumer rights . . . is not new and
that consumer’s rights like the right to have safe, un-adulterated and defect-free commodities at appropriate
prices has been recognized since ancient times.”Two decades of experience with the operation of the CPA
shows its popular acceptance and the legal preference of injured consumers to enforce their rights under it. The
CPA commands the consumer’s support because of its cost-effectiveness and user-friendliness. In fact, the CPA
creates a sense of legal awareness among the public and at the same time, brings disinterest to approach
traditional courts, especially on consumer matters. It has changed the legal mindset of the public and made them
think first of their remedies under the CPA, regardless of the nature of their case. In short, the CPA has instilled
confidence among the “teeming millions” of impoverished litigants. The way in which the consumer fora are
flooded with cases and the mode in which these cases are being disposed off creates an impression of “judicial
populism” in India in the arena of consumer justice.

The consumer fora created by the CPA have proven to be effective, disposing of thousands of cases with
few legal formalities, and leading the way toward well-founded consumer jurisprudence in India. The traditional
Indian legal system, in addition to a huge backlog of cases, is experiencing a litigation explosion in the area of
consumer protection. The Ganjam Consumer Court is an example of such a forum which has proved of great
help in disposing off cases. Set up in 1991 it has a history of many landmark judgments which are an
indispensable part of consumer justice in India. The hearing of cases takes place from Monday to Wednesday
and the admission of cases is done on Thursday whereas Friday and Saturday are reserved exclusively for
clerical and official work. The complaint filed by the complainant is reviewed and admitted if it is decided by
the honourable members that it carries merit and is in the interest of social justice. One of the revolutionary
concepts introduced for the first time, by the Ganjam District Forum is the compulsory presence of parties
during the admission of the case. The members taking note of the merit, pecuniary and territorial jurisdiction
admit the case after which the complaining party deposits a minimal court fees. Then the court sends notices to
the opposite parties and summons thereby. The parties have an option of hiring an advocate or authorize any
other person to fight the case for him or he himself may present his case without taking help from any advocate.
So this shows that the consumer court is truly a poor man’s court. In the above mentioned forum there is
wonderful literature on consumer justice which includes manuals, journals like the Consumer Protection
Reporter, All India Reporter, Current Consumer Cases, Consumer Law Decisions, books etc which make the
forum a perfect place of research for law students and others interested. In fact this material is referred to by the
members while giving orders. The concept of consumer justice and the machinery entrusted by the Government
thereby exhibits a noble intention of social welfare.

The striking feature of the Ganjam Consumer Court, Orissa is that the disposal of cases is around 95% and very
few cases go in appeal to the State Commission. And the cases which go in appeal are the ones where the State
Commission further confirms the order of the District Forum. This shows that the orders given by the Ganjam
forum have been quite convincing to the general society. Twenty seven blocks in Ganjam fall under the
jurisdiction of the Ganjam Forum which is one of the largest territories covered by any other Forum in the
country. Some of the cases filed in the forum has been very beneficial to the general public such as

Artatrana Purohit v. Branch Manager, GTFS Multiservice Limited, Golden Trust Financial Services and
Divisional Manager, National Insurance Co. Limited (Claims)
Date of order: 17.02.2009

The complainant had a mediclaim insurance policy with the National Insurance Co. When he claimed for the
amount he was given a cheque but the Account No. on it was printed incorrectly. He had requested for
rectification of the number but no action was taken in time. Hence he approached the DCDRF, Ganjam where
the court granted justice in his favour and he got Rs 2477 along with 9% interest of the delayed period from
October, 2004 and 12% penalty if the Insurance Co. failed to comply with the court orders.

Siba Prasad Panda v. Secretary (OPECA), Vice Chancellor, BPUT and Gandhi Institute of Technology,
Bhubaneswar
Date of Order: 7.01.2009

The complainant a student had qualified in the CET exam and got a seat in GIT, Bhubaneswar. In the
counseling of the students at Bhubaneswar he had already deposited Rs 16,200 but did not receive an intimation
letter in time. He requested the college authorities but that was of no avail, so he approached the DCDRF,
Ganjam which gave immediate orders to the college to give an intimation letter along with a fine of Rs.500.
Bauri Bandhu Pathi v. Sr. Post Master, Sr. Supt. Post Master General of Head Office, Berhampur
Date of order: 4.03.2009

The complainant had deposited a lump sum amount which was the complete saving of his life time in scheme
called the “Senior Citizen Safety Scheme” in the Berhampur Head Post office after retirement in 2004. He was
to receive interest tri-monthly till 31.3.2007 but he never got it. The court gave orders in his favour and a fine of
Rs.200 was imposed on the opposite parties.

But nevertheless it cannot be denied that nothing in this world is perfect and still there remain many loopholes
which need to be covered. The first and the foremost issue which needs to be taken up is awareness of the
common man. There is ignorance among the rural as well as the urban people about the concept of Consumer
courts. When people are totally unaware of the provisions, jurisdiction and functioning of such courts then the
purpose with which these courts were created would utterly be defeated. There is need of organizing Consumer
Awareness programmes to educate people. A very good step taken by the DCDRF, Ganjam in this regard is a
fortnight Observation Programme conducted on the occasion of Consumer Rights Day in collaboration with
Vedic, an NGO and the Food Supplies and Consumer Welfare Dept. of Orissa from 15.03.2009 to 31.03.2009.
According to Mr. H.C Nayak, President of the Consumer Forum, Ganjam:
“The consumer who was once the ‘king of the market’ has now been relegated to the status of ‘the victims of
the market’. So it is observed that the ignorance of the consumer is the only factor responsible for this plight,
hence there is need to educate the consumer about his rights and the means open to him to get his rights
implemented”
Schools and colleges should inculcate courses on Consumer Protection so as to make children aware of their
rights as the citizens of India. Media can also play an active role in such awareness. Pamphlets can be circulated
in different rural and urban localities. The awareness programmes should basically deal with the rights of the
consumers, the nature of cases dealt by these courts such as disputes as to the defective goods or services such
as banking, insurance, transport, health etc and the jurisdiction of the courts. The people who are aware of the
concept are reluctant to approach the court. And many times there are number of cases filed which have no
merit or are merely fraud cases. This consumes a lot of time and effort of the members. But as mentioned above
the compulsory presence of the parties and presentation of the version of the case by the complaining parties
along with their advocates has helped in reducing such fraud to some extent.

The motive of setting up such institutions is social justice. We should be aware of the expressions like the poor,
the backward, etc which are being used to undermine standards, to flout norms and to put institutions to work.
We should subject every claim whether it is made in the name of the poor, the backward, whosoever to rational
examination. After it has been in effect for a while, subject every concession to empirical evidence. We should
shift from equality of outcomes to equality of opportunities. We must bear in mind that if the majority
disregards smaller sections in the community, it drives them to rebellion. Since no society is static, and social
processes are constantly changing, a good legal system is one which ensures that laws adapt to the changing
situations and ensure social good. Any legal system aiming to ensure good should ensure the basic dignity of
the human being and the inherent need of every individual to grow into the fullness of life. The hope of the
Indian masses does not lie in the legal system alone, but in their conscious awakening and fight for social and
economic justice. Knowledge of their legal rights however, can be an important motivating force in this. Many
NGO's and individuals are emerging in different parts of the country to take up the cause of social change and
change for a more just India, where justice will not merely be talked about in intellectual discussions on the
intricacies of law, or written about in books, which the masses can't read, or exchanged for good old money, but
actually lived and experienced by the majority of the people.

Bhadra Bharadwaj
Student

Dr.Ram Manohar Lohiya National Law University,Lucknow.