SHRI VAKHAN ZIMIK v. STATE OF MANIPUR
Court: High Court of Manipur
Bench: HON'BLE THE CHIEF JUSTICE,HON'BLE MR JUSTICE AHANTHEM BIMOL SINGH
Judgment date:
Case summary
High Court of Manipur judgment dated 2020-08-31. SHRI VAKHAN ZIMIK v. STATE OF MANIPUR. Read the judgment and case details on LawSphereX.
Judgment text
(video conferencing) Digitally signed IN THE HIGH COURT OF MANIPUR AT IMPHAL PIL No. 17 of 2018 1. Shri Vakham Zimik aged about 80 years S/o Late Zimik, Advocate, The President, Ukhrul District Bar Association, having office at Chamber No. 106, Ground Floor, Northern Block, Mini- Secretariat, Ukhrul, Manipur – 795142. 2. Shri R. Daniel, aged about 73 years S/o Late Khanong Ramsan Advocate High Court of Manipur, having Chamber at rd 3 land avenue Dewlahland, Imphal East, Manipur – 795001. 3. Mrs. Akham Juliet Devi, by profession Lawyer, aged about 44 years. W/o. Lairenjam Premananda Singh, a resident of Sagolband Bijoy Govinda Lairenjam Leikai, P. O. & P. S. Imphal, Imphal West District; Manipur – 795001. ……. Petitioners - Versus – 1. The State of Manipur, through its Principal Secretary, Department of Consumer Affair, Food & Public Distribution, Government of Manipur. 2. The State of Manipur represented by Chief Secretary, Government of Manipur. ….
Respondents BEFORE HON’BLE THE CHIEF JUSTICE MR. RAMALINGAM SUDHAKAR HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH For the Petitioners : Ms. H. Bisheshwori, advocate For the Respondents : Ms. Lenin Hijam, Addl. A. G. Date of Order : 31. 08. 2020 PIL No. 17 of 2018 Page 1 ORDER (ORAL) Ramalingam Sudhakar, CJ [1] Heard Ms. H. Bisheshwori, learned counsel appearing for the petitioners and Mr. Lenin Hijam, learned Additional Advocate General appearing for the respondents.
[2] The prayers in the PIL are as follows :- a) Issue appropriate writ, order or direction in the nature of mandamus directing the Respondents to implement the provisions of the Consumer Protection Act, 1986 in all the districts within the state; b) Direct the Respondents to take necessary steps for establishing Consumer Disputes Redressal Agencies / District Forums at Ukhrul, Senapati, Churachandpur, Chandel and Tamenglong Districts in a time bound manner; c) Direct the Respondents to take immediate necessary steps as an interim measure for providing access to justice till such proper Consumer Disputes Redressal Agency / District Forum Senapati, Churachandpur, Chandel and Tamenglong is put in place [3] On earlier occasion, this Court passed the following order on 07. 06. 2018 :- “In response to the order of this Court an affidavit has been filed by the respondent Nos. 1 and 2 on 6. 6. 2018. Para Nos. 2. 1, 2. 2 and 3 are as follows : “21.
That there are functional 9(nine) Districts Forums for the District of Imphal East, Imphal West, Senapati, Ukhrul, Thoubal, Chandel, Bishnupur, Churachandpur and Tamenglong. 2. 2 That further humbly submits that due to reasons of Manpower shortage and bad financial position of the CAF & PD Department, the District Consumer Redressal Fourms of Imphal West, Imphal East, Senapati and Ukhrul are clubbed together and are functioning under the same President and members. Similarly, District Consumer Redressal Forums of Thoubal and Chandel Districts function under a unitary setup. In the same way, Bishnupur, Churachandpur and Tamenglong Districts are collectively served by the District Consumer Redressal Forum at Bishnupur. 3. That the answering deponent humbly submits that the State Government is actively considering for establishing separate District Consumer Redressal Forums for all the Districts including PIL No.
17 of 2018 Page 2 Hill Districts, if the number of complaints/cases filed by the consumers reach a critical mass to warrant setting up of dedicated infrastructure and arranging of additional manpower. It is also submitted that the jurisdiction of the above District Forums are also extended to the newly created 7 (seven) Districts in Manipur. ” We direct the State Government to initiate action and complete the process of establishing separate District Consumer Redressal Forum in all the districts including the districts including hill districts, in a time bound manner. Action taken in compliance to the above direction be submitted on 8. 8. 2018. List on 8. 8. 2018. ” [4] Subsequently, on 12. 09.
2018, the following order was passed by this Court :- “Today, when the matter was listed, learned Advocate General produced notification dated 09-08-2018 and 30-08-2018 which reads as follows :- “GOVERNMENT OF MANIPUR SECRETARIAT: CAF & PD DEPARTMENT NOTIFICATION th Imphal, the 9 August, 2018 No. 21/5/88-FCS (Pt. ) In supersession of all notification in this regard, and in exercise of the powers conferred under section 9(a) of the Consumer Protection Act, 1986, in consideration of the creation of 7(seven) new Districts, the Governor of Manipur is pleased to re-constitute the existing 16(sixteen) (9+7=16) Districts into 3 (three) District Forums by clubbing together 4 to 7 Districts with immediate effect and until further orders. Sl. No.
Name of District Name of District Forum Head quarter 1 (i) Imphal West District - Imphal District Forum - Imphal (Sangaipurou) (ii) Imphal East District (iii) Senapati District (iv) Kangpokpi District (v) Ukhrul District (vi) Kamjong District (vii) Jiribam District 2 (i) Thoubal District - Thoubal District Forum - Thoubal District (ii) Chandel District (iii) Tengnoupal District (iv) Kakching District 3 (i) Bishnupur District - Bishnupur District Forum - Bishnupur District (ii) Tamengnlong District (iii) Noney District (iv) Churachandpur District (v) Pherzawl District Total 16 Districts (T. Ranjit Singh) Secretary (CAF&PD), Government of Manipur PIL No. 17 of 2018 Page 3 th Memo No. 21/5/88-FCS (Pt. ): Dated: 9 August, 2018 Copy to: 2. Secretary to Chief Minister, Manipur. 3. PPS to Hon’ble Minister (CAF&PD), Manipur. 4. Staff Officer to Chief Secretary, Manipur. 5. Joint Secretary to Government of India, Union Minister, Consumer Affairs CAF&PD, Krishi Bhawan, New Delhi. 6.
Registrar High Court, Manipur in connection with PIL No. 17 of 2018 (Vakham Zimik & anr. ) 7. All Commissioners/Secretaries, Government of Manipur. 8. The Director (CAF & PD), Manipur 9. Registrar, Consumer Dispute Redressal Commission (State Commission) 10. Presidents & Members of the District Forum concerned. 11. The Director, Printing & Stationery, Manipur along with 10 copies for publication in the extraordinary Gazette Notification. 12. Relevant /Guardfile. (Ranjan Yumnam) Joint Secretary (CAF&PD), Government of Manipur. “GOVERNMENT OF MANIPUR SECRETARIAT: CAF & PD DEPARTMENT NOTICE th Imphal, the 30 August, 2018 No. 121/4/88-FCS(I) Meeting of the Selection Committee for selection of 3(three) Presidents and 6(six) Members (i. e. ) 3-Men and 3- Women) for 3(three) Consumer Disputes Redressal Forums of Imphal, Thoubal and Bishnupur District Fora is hereby fixed on 12. 09. 2018 at 11.
00 AM in the office chamber of the President (State Commission), Manipur, Old Assembly Complex, Imphal. All the applicants/candidates are requested to appear along with their bio-data/testimonials in the meeting of the Selection Committee comprising of the following: 1. President (State Commission) : Chairman 2. Secretary(CAF&PD), Government of Manipur : Member 3. Secretary (Law), Govt. of Manipur : Member All Members are requested kindly to attend the selection meeting. (Ranjan Yumnam) Joint Secretary (CAF&PD), Government of Manipur. Copy to:- 1. The PS to the Hon’ble Minister/CAF&PD, Manipur 2. The President, State Commission, Manipur 3. The Secretary/CAF&PD, Govt. of Manipur 4. The Secretary(Law), Govt. of Manipur. 5. The Director/CAF&PD, Manipur 6. The Director (DIPR), Manipur-He is requested to publish the above notice in the News item, English/Manipuri for 2 (two) consecutive days. PIL No. 17 of 2018 Page 4 7.
The News Editor (DDK), Imphal-for announcement of 2(two) consecutive days. 8. The News Editor (AIR), Imphal for announcement of 2(two) consecutive days. 9. The News Editor (ISTV), Imphal, for announcement of 2(two) consecutive days. 10. The Asst. Registrar/State Commission, Manipur. 11. Guard File. 12. All concerned. While we appreciate in his initial initiative, we direct the Government to strictly implement the order of this Court dated 07-06-2018 in respect of all districts including the hill districts of Manipur. List the matter on 26-11-2018. ” [5] Today, when the matter was taken up, Mr. Lenin Hijam, learned Additional Advocate General stated that the department has already taken decision to have Circuit Benches in Hill districts also and suitable arrangements will be made to enable people to file consumer petitions before the designated authority of each district and such applications and petitions will be heard by the Circuit Bench. This undertaking of Mr.
Lenin Hijam, learned Advocate General to be complied with on or before 07. 10. 2020. Recording the said undertaking, the PIL stands disposed of. JUDGE CHIEF JUSTICE FR/NFR Sandeep PIL No. 17 of 2018 Page 5
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