PDS/ Ration/ Food Security
According to the Consumer Protection Act, 1986, one who buys any goods or services for a consideration is a consumer. The user of such goods or services with the permission of the buyer is also a consumer.
According to the Delhi Citizens' Charter 2011 Department Of Food Supplies & Consumer Affairs, complaint can be lodged by:
a. A Consumer
b. Any Registered Voluntary Consumer Orgainisation
c. Central Govt.
d. State Govt./NCR
e. One or more consumers having common aim.
Complaint can be lodged when:
a. An unfair trade practice or restrictive trade practice is adopted by any trader.
b. Any defect in goods purchased
c. Any deficiency in services purchased
d Charging of price in excess of that stamped on the product.
e. Sale of unsafe goods, which are hazardous to life and safety under the Rule/Act.
The Procedure for lodging a complaint:
The complaint can be lodged by the post or by the Complainant himself or by authorizing any person along with the case memo/bill etc. Generally, 4-6 copies of the complaint are necessarily required:
a. Advocate is not required.
b. Affidavit or stamp papers are not required.
Compulsory points for a complaint:
a. Name and complete address of the complainant.
b. Name and compete address of opposition party/ parties.
c. Date of sale of goods or service taken.
Relief asked for by the consumers:
Consumer Courts may grant one or more of the following reliefs:
i) Repair of defective goods:
ii) Replacement of defective goods;
iii) Refund of price paid for the defective goods of service
iv) Removal of deficiency in service.
v) Refund of extra money charged.
vi) Withdrawal of goods hazardous to life and safety.
vii) Compensation for the loss or injury suffered by a consumer due to negligence of the opposite party.
viii) Adequate cost of filing and pursuing the complaint.
Complaint can be lodged at:
Consumer can lodge a complaint under consumer Protection Act through the following Consumer Courts. These complaints should be lodged within 2 years from the date of incident:
i. District Forum: For claims upto Rs 20 lac
ii. State Commission: For claims above Rs 20 lacs and upto Rs 1 crore.
iii. National Commission: For claims above Rs 1 crore.
Complaints against the PDS outlets & its redressel (according to the Delhi Citizens' Charter 2011 Department Of Food Supplies & Consumer Affairs)
Complaints against the PDS outlets regarding measurement, quality, excess charging or refusal to issue commodities, black marketing, can be made to the followings:
o Concerned Circle FSO
o Asstt .Commissioner of the concerned circle.
o Spl./Addl. Commissioner, F&S Deptt, K-Block, Vikas Bhawan, I.P.Estate, New Delhi.
o Commissioner, F&S Deptt., K-Block, Vikas Bhawan, I.P.Estate, New Delhi.
o Control Room Ph No 23370841 ( Toll Free No: 1800-11-0841 )
o By e-mail to the deptt at [email protected]
o Concerned Vigilance Committee of the Circle.
o Task force constituted under the chairmanship of Deputy Commissioner (Revenue) of the District.
In addition, complaint regarding adulteration in petrol, diesel or misuse of cooking gas etc can also made to the aforesaid and authorities.
Complaints against the officials of the department against harassment can be made to the Spl./Addl. Commissioner or Commissioner, Food & supplies & Consumer Affairs Department, at K-Block, Vikas Bhawan, New Delhi.
According to the new citizen charter published by Government of NCT of Delhi, Department of Food and Supplies & Consumer Affairs, the following Information have to be displayed at the PDS outlets-
1. Licence No./ Name of PDS outlets
2. Stock as on date
3. Weekly off.
4. Rates of Commodities.
5. Sample of Sugar, Wheat and Rice.
6. Timing of PDS outlets Fair Price Shop/KOD i.e 9:00 am to 1:00 pm and 3:00 pm to 7 pm
7. Complain Register is available.
In PUCL vs Union of India case, Supreme Court has said that the license of any shopkeeper found to be indulging in any of the following activities should be cancelled:
1. If the shopkeeper keeps his shop closed during working hours
2. If he indulges in black marketing
3. If he keeps the cards of the people with himself
4. If he makes false entries in the card
Mr. Shailesh Gandhi, Central Information Commissioner, called a meeting on 21/12/2009 at the Chief Information Commission’s office to discuss issues relating to disclosure of information on the Public Distribution System in Delhi. A notice dated 14/12/2009 was issued to all the Assistant Commissioners & PIOs of the Department and they were directed to attend this meeting. An Agenda of issues that were going to be discussed was enclosed along with the notice and the Assistant Commissioners were informed that appropriate directions will be issued by the Commissioner after giving the PIOs of every district/zone an opportunity to present his opinion.
Facts arising from the hearing held on 21/12/2009:
The following persons were present:
Complainant: Mr. Rajiv Kumar
Respondent: Ms. Jayshree Raghuram, Secretary-cum-Commissioner (F&S); Mr. SS Rathi, Jt. Commissioner; Mr. Kishore, Addl. Commissioner; Mr. Mange Ram, AC (North); Mr. KD Trehan, AC; Mr. Ajay Arora, AC (West); Mr. MK Sharma, AC (South); Mr. GS DHodi, AC (SW); Mr. Subhash Chander, AC (NW); Mr. HP Meena, AC (New Delhi); Mr. Mehresh, Sysyem Analyst; Mr. PP Baruah, Programmer
After consultation with the Food Commissioner as well as others present, the Commission directs that the following information should be displayed at every Circle Office of the Department:
i) Copy of all ration cards along with photographs of individual card holders in the circle offices of Food and Supply Department.
ii) All citizens should have access to daily sale register, and stock register under suo moto disclosure of RTI Act.
iii) Name and designation of each official in the Circle office along with their stated roles and responsibilities.
iv) Name and contact details of PIO’s and FAA.
v) Procedure to apply for new ration cards and the list of documents required.
vi) Timeframe for disposal of various applications (new cards, renewal, change of address etc).
vii) Date of the next Vigilance Committee meeting and names of the members of the Committee.
viii) Rights and privileges of ration card holders as per Section 6(7) of Annexe to PDS Control Order 2001.
ix) List of documents present in the Circle Offices.
The Complainant brought a sample display print of the information that may be displayed outside each Fair Price Shop. Keeping this is view, the Chief Information Commission directs that the following information will be displayed at the Fair Price Shops under the Department:
i) Entitlement of essential commodities for all types of ration cards.
ii) Scale of issue of each essential commodity for all types of ration cards.
iii) Retail prices of each essential commodity for all types of ration cards.
iv) Working hours of fair price shops.
v) Stock of essential items received during the month.
vi) Opening and closing stock of essential commodities.
vii) Name, designation and contact numbers of officials for redressal of grievances with respect to quality and quantity of essential commodities.
viii) Daily updation of stock position information
ix) Information about inspection of records by any citizen on every Saturday except for second Saturday as per the PDS Control Order dated 15/06/2006.
x) Display of samples of food grains being supplied through fair price shops.
The Food Commissioner has given a commitment to the Commission that she will ensure that the afore-mentioned information will be displayed before 31 January 2010.