Ms ABV VIJAYALAKSHMI, P P Reddy Old Age Home, Mallapur Village, Saroornagar Mandal, HYDERABAD-500035 (Telangana)
Respected Sir: GENDER BIAS IN NCDRC
I am distressed and disheartened to bring to your kind notice about the double standards followed by the National Consumer Disputes Redressal Commission (NCDRC) in the disposal of cases.
1.On my Petition seeking transfer of my complaint (T.A. No.10/2013) against a Realtor-‘Gardenia Shelters Pvt Ltd’ pending in Dist. Consumer Forum, Greater Noida to the District Consumer Forum, New Delhi was agreed to without hassles on the basis of the following facts:-
2.At this advanced age of 70 years, I have been diagnosed with a congenital hole in the heart and associated complications and therefore felt difficulty to attend the proceedings in the Consumer Forum, Greater Noida which is 30 km from my residence (Flat No.B-1105, Gardenia “Grace”, Sector-61, Noida-201307).
3.It is less said better about the sorrowful state of affairs in the Dist. Consumer Forum, Noida. In short, the District Consumer Forum, Noida is a quagmire/cesspool of corruption.
a) The President does not follow court timings and keeps the complainants waiting endlessly.
b) He does not treat the senior citizens with due respect and compassion. He plays crude jokes on elders especially South Indians.
(iii) The Consumer Court in Greater Noida does not display the cause list and not shown in website also although U.P. makes tall claims about the computerisation and great strides made in Information Technology.
(iv) The President forces to make a compromise between the unwilling litigants without caring to go through the case. He does not read the file at all.
(v) He shows scant respect to Senior Citizens and humiliates them by making derisive and caustic remarks.
(vi) All the works in this Forum can successfully be completed if the palms are greased.
(vii) There is no end in sight to stem the rot and the sorrowful state of affairs in Noida Consumer Court. Only Divine Intervention can save the Consumer Court in Noida.
4.However, the Application of my husband, S Srinivasa Rao (75 years-Retired Agricultural Scientist) of his complaint (T.A.No.12/2013) against Thomas Cook (India) Ltd pending in Dist. Consumer Forum, Greater Noida to the Dist. Consumer Forum, Delhi under the same circumstances was dismissed by the NCDRC without assigning any reason despite the following facts:-
My husband is a chronic diabetic and underwent Angioplasty on 13th March, 2003 after suffering a massive heart attack and is dependent on life saving medicines due to Left Ventricle dysfunction.
Dist. Consumer Forum, Greater Noida is far away and not well connected by public transport whereas Delhi Forum can very easily be reached by Metro Rail from Noida Central.
The Proceedings in Greater Noida Forum are conducted entirely in Hindi and my husband is handicapped in not possessing fluency in Hindi language.
5.It is very strange that wife’s application was considered on the same health grounds by NCDRC but in contrast my husband’s was rejected that too without giving an opportunity to plead when he appeared on 11.12.14 before NCDRC as a Party-in-Person in the case registered by the Dist. Forum, Noida afresh Vide No.414/14.
6.It is relevant to mention here that NCDRC is not flooded with many applications for transfer of this kind. It is evident from the T.C.No.5 registered in November, 2014 of my husband that only a single digit number have been received by NCDRC that too at an all India level in the year ending 2014.
7.If NCDRC has a hidden agenda to discourage genuine applicants in this fashion from approaching it for transfers, it may dispense with the facility altogether instead of resorting to summary rejection without lending its ears to the problems of elderly Petitioners in patience. It is seen that the transfer cases are prejudged by NCDRC without going into the merits of the application.
8.The presiding judge, Hon. Shri J.N. Malik, in my husband’s case did not care to go through the Petition in the case registered afresh. He frowned on him and treated him shabbily in the open court without even considering his age. As his earlier Petition No.12/13 was rejected by the Hon. President, NCDRC himself and therefore the Hon. Justice has decided that the present one is not to be entertained. It is not out of place to mention here that the Apex Court, very recently, did not hesitate to review a judgment delivered by a retired colleague in his sister’s case to protect justice and fair play in public eye.
9.My husband has retired from NSC; a Govt. of India Undertaking – not entitled for pension. Even CGHS facility availed by him during service was denied after retirement and therefore due to lack of financial resources, he is not in a position to challenge the unjust decision of NCDRC in the Hon. Supreme Court.
10.In the light of the position explained above, it is requested for appropriate action at your end to ensure NCDRC does not adopt different yardsticks in identical cases with pre-conceived notions and to take up review of my husband’s transfer application independently without influenced by the decisions of others and without discrimination. I am having robust optimism that you will restore my husband’s shattered faith in the country’s judicial system. I may kindly be pardoned if I had exceeded my limits in bringing to your kind notice the injustice meted out by NCDRC but to whom else I could represent with equal trust and confidence except your kind self?
With kind regards,
Yours sincerely,
ABV Vijayalakshmi
09311724445
Shri Ram Vilas Paswan , Hon. Minister for Consumer Affairs, Food and Pubic Distribution, GOI, Krishi Bhawan, New Delhi-110001
CC: Registrar, NCDRC, New Delhi -110023 for his kind information and necessary action to ensure review of the decision so that the error in law/gross injustice remedied.
ABV Vijayalakshmi
S Srinivasa Rao
