State Consumer Disputes Redressal Commission
Shanmugaraj vs The Special Officer, Tucs And Two Others on 20 June, 2013
BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI BEFORE : Honble Thiru Justice R. REGUPATHI PRESIDENT Thiru J. JAYARAM MEMBER (JUDICIAL) C.C.NO.62/2013 DATED THIS THE 20th DAY OF JUNE 2013 Shanmugaraj, S/o.S.Maran No.120, Lala Thotam, Mr.A. Palaniappan Mylapore, Counsel for Chennai 600 004 Complainant Vs 1. The Special Officers, TUCS Limited, Mr.K.J.Sivakumar No.156, Big Street, Counsel for 1st OP Triplicane, Chennai 600 005 2. The Chairman, Tamil Nadu Marketing Corporation Ltd., CMDA Tower II, IV floor, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008 3. The District Manager Chennai (South) IMFS Depot, Tasmac Unit, P4 Plot, Indutrial Estate, Mr.Muthuraj, Advocate Ambattur, Chennai Appeared for OPs 2 & 3 4. Managing Director M/s. Southern Agrifurane Industries Ltd., MGM Centre, No.1, 9th Street Dr. Radhakrishnan Salai (4th Opposite party given up) Mylapore, Chennai 4 Opposite parties This complaint dt.10.4.2013 is filed by the complainant, praying for a direction to shift the TASMAC shop situated at Old No.231, New No.90, R.K. Mutt Road, Mylapore, Chennai- 4, and for a direction to pay compensation of Rs.25 lakhs towards mental agony, alongwith 5% value of the goods sold by the 2nd and 3rd opposite parties, to pay Rs.20,00,000/- towards deficiency in service. This petition coming on before us for hearing finally on 17.6.2013. Upon hearing the arguments of the counsels on bothsides, and upon perusing the materials on record, this commission made the following order: ORDER
JUSTICE R. REGUPATHI, PRESIDENT In the consumer complaint filed before this Commission, the complainant Shanmugaraj submitted that he is the resident of Mylapore, Chennai for the past fifteen years and that he was purchasing provisions from the ration shop at No.ICO 14 located at door No.90 R.K.Mutt Road, Mylapore , Chennai 4. He further stated that there are about 800 ration card holders receiving their ration articles every month from the said shop which is running during day time. A licence has been issued in the same premises for running a TASMAC outlet and both the ration shop as well as the TASMAC are situated very closely in the same premises and apart from the TASMAC outlet a separate Bar also was attached to it wherein liquor and alcoholic beverages are supplied throughout the day.
2) It is further alleged that under Rule 2(i) of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003, the TASMAC shops should be located with 50 meters away from any place of worship or from any place of educational institution.
This TASMAC shop is situated within 15 meters from Ramakrishna International Temple and P.S.Senior Higher Secondary School, Mylapore. It is situated on the western side of Arulmigu Kapaleeswarar Temple tank, where several festivals were being celebrated throughout the year and the presence of TASMAC shop was an eye-sore all along for the general public. In addition to the School mentioned above, five more Schools viz., (i) P.S.Higher Secondary School, (ii) P.S.Matriculation School, (iii) P.S.Senior Secondary School (iv) Lady Sivasamy School (Girls) and
(v) Sivasamy Kalalaya are situated. The students of the said Schools every day have to cross the shop to reach their respective Schools. It is further submitted that the ration card holders are scared to visit the ration shop, since there were untoward incidents every day. In spite of repeated requests and agitations to shift the TASMAC shop to some other place, it has not been done. Further, it is apparent that the persons after consuming alcohol create nuisance, spill over the eatables in and around the shop, make noise and thereby preventing the innocent public to reach the ration shop from where they could receive their ration articles periodically.
While praying for the removal of the TASMAC shop from the aforesaid place, the complainant has also sought for a prayer for appointment of a competent person as Commissioner for spot inspection of the shop.
3) At the time when the matter was taken up for hearing, learned counsel for the complainant submitted that the aforesaid allegation made in the compliant may be treated as proof affidavit on the side of the complainant.
It is submitted that series of agitation have been conducted by the consumers and since the authorities concerned have not chosen to take any steps so far for relocation of the TASMAC shop from the existing place, the complainant left with no other alternative had to prefer this complaint before this forum and submitted that this forum has jurisdiction to entertain this complaint, since hundreds of ration card holders/consumers throughout the year depend upon the ration shop for getting their essential commodities periodically and that the agony faced by the ration card holders including the general public are of immense value and thus they sought for the redressal of their grievance before this forum.
4) On perusal of the complaint and other materials and on assessing the seriousness of the allegations now made, this Commission appointed Mr.R.Mohandoss, a former District Judge/President of DCDRF, Chennai (North) as Commissioner to visit and inspect the shop in person. Accordingly, Mr. R.Mohandoss, Commissioner after inspecting the premises and after examining the witnesses submitted a report Ex.C1, dated 11-6-2003 before this Commission. The learned Commissioner has also annexed a rough sketch Ex.C2 and photographs Ex.C3 series of both the ration shop and the TASMAC shop. Apart from that during the course of enquiry, the Commissioner examined the Senior Regional Manager TASMAC, Chennai Region, the Sales Assistant attached to the aforesaid ration shop and a woman consumer (Ration Card Ex.C4) who was actually present in the ration shop and receiving ration articles from the said ration shop.
5) This case has been taken up today in the presence of counsel for the complainant and the counsel for the opposite parties. Learned counsel for the complainant reiterated the allegations mentioned in the complaint and submitted that the TASMAC shop run in the premises creates hardship to the consumers of the ration shop, who visit the ration shop for purchasing their ration articles and hence the TASMAC shop should be shifted from the present place at the earliest.
6) On the other hand, learned Additional Standing counsel for the TASMAC, Mr. Muthuraj submitted that the TASMAC shop and the Bar have been in existence in the same place since more than a decade and though there were some untoward incidents, the TASMAC shop is catering to the needs of hundreds of persons, who are consuming liquor every day and since this TASMAC shop is located in a posh area in Mylapore, Chennai city, people are getting and consuming liquor without any interruption and thereby the sale of spurious liquor by anti-social elements has been eliminated. Further, according to the learned Additional Standing Counsel, the TASMAC shop gives good revenue to the tune of Rs.2.1/2 lakhs every day to the Government and in the event of relocation of the said TASMAC shop from the existing place, a great hardship would be caused to the persons who are regularly visiting the Bar and consuming liquor. It is further submitted that there are good restaurants in the nearby locality and therefore it is convenient and comfortable for the liquor consumers to take side dish and snacks also. FL I licence has been issued by the District Collector for retail vending of the liquor and for the exclusive use of the liquor consumers, a separate Bar facility has also been provided, through public auction sale. Learned Standing Counsel fairly conceded that there were some untoward incidents and steps were being taken at the request of the authorities of the civil supply department to shift the TASMAC shop to a nearby place, but the same could not be done for want of available accommodation and that the TASMAC shop will be shifted and relocated in a suitable place within forty five days.
7) All these submissions were made by learned Standing Counsel for TASMAC, on instructions and on the basis of the files available in the presence of staff members of TASMAC shop and therefore the submissions so made may be treated as their version and proof affidavit instead of directing them to give it in writing.
8) Mr. K.J.Sivakumar, learned counsel for the ration shop by filing a vakalath submitted that inspite of repeated requests made by the Civil Supplies authorities, the TASMAC shop has not been shifted by the authorities of TASMAC and submitted that it is a fit case to be decided on merits.
9) We have heard the submissions made by counsel for the complainant and the counsel for the opposite parties and we have also gone through the report filed by the Commissioner/President of DCDRF, Chennai (North). In his report, dated 11-6-2013, learned Commissioner observed that during his spot inspection of the premises, the counsel for the complainant, the Senior Regional Manager of TASMAC shop of Chennai Region and the sales Assistant attached to the Ration shop and a few ration card holders were present. To be more precise, according to the Commissioner, about twenty people were present in the TASMAC shop and they were consuming liquor at 4.30 p.m. on 04-06-2013. About thirty women ration card holders were present in front of the ration shop to purchase their ration articles. The ration shop is situated adjacent to the TASMAC shop. Both the TASMAC shop and the ration shop were situated in the same premises and both the shops are divided by a wall. Most of the women who were present near the ration shop to get their ration articles complained about the nuisance caused by the persons every day, who are coming out of the Wine Shop in an intoxicated mood. Even at the time of inspection, it is reported that a person who was found in a fully drunken position fell flat near the ration shop and the women could not receive their ration articles from the ration shop for sometime. The TASMAC shop and the Wine shop are situated in R.K.Mutt Road on the western side opposite to the Temple tank. The measurement of the ration shop was about 6 ft. X 20 ft. and it would hardly be sufficient space for the ration card holders to stand outside the road in a queue to purchase their ration articles. Moreover the ration articles were dumped inside the ration shop and even the staff of the ration shop find it difficult to sit in the ration shop and sell the ration articles to the consumers.
The Commissioner also has observed that the TASMAC shop is situated within 45 ft. on the western side of Arulmigu Kapaleeswarar Temple tank, within 100 ft. away from Ramakrishna Mutt Religious Book shop. The TASMAC shop is situated just opposite to the temple tank, where Hindu religious ceremonies/obsequies (thidhies) for the deceased soul were performed regularly and that the existence of the TASMAC shop in the premises touches the religious sentiments of a large number of devotees, who visit the temple for various religious purposes.
10) On perusal of the report of the Commissioner and the rough sketch and photographs attached to the report, I find that the TASMAC shop is situated within 3.1/2 ft. from the ration shop. Both the TASMAC shop and the ration shop are situated in the same premises and they are divided by a wall. A person after consuming alcohol in the TASMAC shop could not come out freely from the shop without disturbing the women folk who stand in queue outside the ration shop to receive their ration articles. The Senior Regional Manager of TASMAC Chennai region has also fairly admitted that a letter has been received from the Civil Supplies authorities for shifting the TASMAC shop from the existing place, expressing the day to day difficulties experienced by the consumers and the said letter is still under consideration. The Sales Assistant of the Ration shop, while expressing his difficulties has specifically stated that all those persons who are visiting the TASMAC shop were creating nuisance to the general public and they were demanding money from the women folk standing in queue near the ration shop for purchasing their ration articles and sometimes from the staff members of the ration shop also.
One of the women ration card holders in her statement submitted that some of the persons on consuming alcohol fell down in front of the ration shop in awkward condition and despite the demand of the women folk ,asking them to go out of the place, those persons instead of moving from the place used to scold the women folk in filthy language and every day the women folk could see these unpleasant happenings near the ration shop.
11) On enquiry I find that the shop is situated there for more than a decade and admittedly it was creating great nuisance to the general public particularly to the women ration card holders. Ration articles are being purchased mostly by women members and whenever they visit the ration shop for getting their ration articles, it appears that they could experience untold miseries caused by the liquor consumers every day and they could also hear unparliamentary words from the liquor consumers, who come out of the TASMAC shop.
12) It has been represented that several agitations had been done by the women folk and by the ration card holders repeatedly for all these years and it is seen that nothing has been done by the TASMAC authorities.
Letters have been repeatedly addressed, and reminders were also sent from the civil supply authorities to the TASMAC authorities, who give flimsy reasons for not shifting the TASMAC shop from the existing place. Even before this Commission, learned Standing Counsel appearing for the TASMAC shop represented that the TASMAC shop was yielding good revenue to the Government and therefore it is located in a correct place for sale of liquor to the liquor consumers. It is further contended that the Government would have to incur a loss to the tune of Rs.2.5 lakhs every day, if the TASMAC shop is shifted to some other place and further submitted that it may take time for the authorities concerned to follow the various procedures and formalities for shifting the TASMAC shop which is in existence for years together in the same premises and sought for 45 days time to relocate the said TASMAC shop in a suitable place.
13) As per Section 8 of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003 No shop shall be established in Municipal Corporations and Municipalities within a distance of 50 (fifty) metres and other areas 100 (hundred) metres from any place of worship or educational institutions.
In the case on hand, admittedly the shop is situated just opposite to the Temple tank, which is situated just within 50 ft. from the Temple. The Temple and the tank are visited by hundreds of devotees every day.
Several festivals and processions were conducted in the R.K.Mutt Road, Mylapore, on the occasion of yearly Arubathumovar and monthly festivals like Pournami, Kirthukigai and Vasanthoutsavam and Theppam procession near the Temple tank, apart from monthly procession for Arubathumovar and several periodical ceremonies for the deceased soul etc., in the Temple tank. Several educational institutions are also situated in the close proximities and within the prohibited distance in the same locality.
Ramakrishna Mutt and its Dispensary are situated within the close proximities of the TASMAC shop. Further, SaiBaba temple is situated within 50 metres from the TASMAC shop. Admittedly several agitations have been taken up for the removal of the TASMAC shop from the adjoining ration shop , in view of the nuisance caused by persons consuming liquor. Both the ration shop as well as the TASMAC shop are being run by the authorities hailing from the respective departments of the same Government and if a serious attempt was made by the Authorities of TASMAC, the TASMAC shop would have been shifted to some other place from the existence place long back and the embarrassment caused to the women folk could also have been avoided.
In view of the existence of the various religious and educational institutions in the same locality, it is apparent that the religious sentiments of the devotees visiting the temple will be seriously affected every day.
All the school going children especially girl students, who are hundreds in number have to cross the TASMAC shop daily to reach their Schools and it is equally causing great difficulty for the Ration shop to continue and to carry on its ration supply peacefully, in the present place. Apart from that, it is unlawful and illegal in so far as the location of the TASMAC shop is concerned, which creates great hardship to all the ration shop consumers, who visit the ration shop for purchase of essential commodities, to the public in general and to the School going children and other tourists in particular.
14) The Commissioner appointed, visited the premises in person and examined the witnesses on 04-06-2013 in the presence of the authorities of the TASMAC shop. Considering the seriousness of the issue, the authorities concerned would have taken steps to shift the TASMAC shop from the place of its existence by this time and they would have submitted a compliance report before this Commission. But admittedly, the answers given by the Regional Manager of TASMAC and the learned Additional Standing Counsel for TASMAC, on instructions, appear to be more lethargic and they have not even realised the seriousness of the allegations made by the affected parties. Compared to the alcohol consumers, the consumers of essential commodities, who are holding valid ration cards, in particular women folk must be given much importance and preference.
15) The Honble Supreme Court in Ratlam Municipal Council case ((1980) 4 SCC 162) observed thus:
The pressure of the judicial process, expensive and dilatory, is neither necessary nor desirable, if responsible bodies are responsive to duties and the Honble Division Bench of Madras High Court in its Judgment in The Tamil Nadu State Marketing Corporation Ltd., V R.M.Shah (2011 Writ. L.R. 267) observed as follows:
There is no static measure of nuisance which can be applied to all situations alike . It is for the Court to decide on the basis of materials as to whether the extent of nuisance was sufficient to direct the closure of liquor shop located in a particular area.
In a similar case in M.Edison Vs the District Collector by order dated 03-09-2012 made in W.P.(MD) No.2454 of 2012 it has been held as follows:
Therefore we are of the considered view that any person who is deprived of peaceful live on account of the nuisance created by a liquor shop could challenge the action in locating the shop in a residential or semi- residential locality as offending the right to life guaranteed under Article 21 of the Constitution of India notwithstanding the fact that the liquor shop satisfies the distance criteria.
The Honble Supreme Court and the Honble High Court had issued directions in a number of cases, banning the establishment of Liquor Shop in places of public importance viz., Religious places, educational institutions and hospitals etc., Both TASMAC and Civil Supplies Department are service providers by the Government. Being a Welfare State ,the Government irrespective of the party in power take Policy Decisions and one such policy is that of prohibition. No doubt for the purpose of generating good revenue and with a view to help the poor and needy, TASMAC shop has been established and the income earned from such TASMAC shop is spent on various welfare measures. Equally opening of ration shops by the Civil Supply Department in Tamil Nadu is for the purpose of supplying essential commodities at subsidised and moderate rates to the poor and the needy. Such effective functioning of fair price shops in large scale throughout the State of Tamil Nadu has been appreciated in the country. Fulfilling the requirements of the poor and needy is a role model for the entire country and thereby such system deserves appreciation by one and all. Though the TASMAC and the fair price shops are service providers, one cannot overlap the other. When essential commodities are supplied by the ration shops to the poor and the needy, such supply must be honourable and uninterrupted and it must be appreciated by the public. No hindrance shall be caused by any one to the public whenever they approach ration shops to receive their ration articles. In the case on hand such hindrance is paramount and in spite of repeated requests made by the civil supply authorities, the TASMAC authorities have not chosen to take any steps for shifting the ration shop so far, which would clearly show their irresponsible way of discharging their duties. Particularly on the facts and circumstances of the case on hand ,though it has been printed in bold letters in the Boards displayed in all the TASCMAC shops and in the labels pasted around the bottles as per rule 10(5) of Tamil Nadu Prohibition Act, 1937.
Liquor ruins country, family and life the number of liquor consumers is on the increase. This caution has been given consciously by the Government of Tamil Nadu. There must be some discipline, decency, limitations and restraint by the persons, who consume liquor. In so far as the services, supply of essential commodities to the poor and the needy by the ration shops is concerned, the service to the society is laudable and fantastic. In fact, commodities supplied by the ration shops helps a lot to the country, family and life. Therefore top priority must be given to the functioning of the ration shops uninterruptedly.
16) Learned counsel for the complainant Mr.A. Palaniappan as a representative of Madras Consumers Court Bar Association has taken efforts to prefer this complaint before this Commission and with all seriousness he has also argued this case at length on behalf of the consumer/complainant. The Advocate community must fight for cause of the public in matters like this case for free legal aid, so that the reputation of the Lawyers community will be enhanced.
17) Therefore taking serious note of the various allegations made by the complainant and by the parties aggrieved and on assessment of the facts and circumstances leading to the shifting of the TASMAC shop from the existing place, we are constrained to pass the necessary orders and accordingly,
(i) the second and third opposite parties are directed to close down the TASMAC Shop at Old No.231, New No.90, R.K.Mutt Road, Mylapore, Chennai-4, which is next to the Ration Shop No.IC014, from the place of its existence forthwith, and a specific directions is also hereby issued to them that the TASMAC shop should be closed by 10.00 p.m. on 20-06-2013;
(ii) The opposite parties 2 & 3 are further directed to shift the TASMAC shop situated at Old No.231, New No.90, R.K.Mutt Road, Mylapore, Chennai-4, which is next to the Ration Shop No.IC014, to anyother location, forthwith and
(iii) The opposite parties 2 and 3 are hereby directed to pay a cost of Rs.10,000/- (Rupees ten thousand only) and the said amount shall be deposited by them to the Madras Consumer Court Bar Association on or before 30th June, 2013 without fail.
J. JAYARAM R. REGUPATHI JUDICIAL MEMBER PRESIDENT LIST OF DOCUMENTS FILED ON THE SIDE OF THE COMPLAINANT
A1 03.10.2012 Notice to Opposite parties alongwith the postal receipts A2 17.12.2012 Representation given by the public to the OPs 2 & 3 A3 20.12.2012 News Paper report of the public agitations A4 Copy of Ration card of the complainant LIST OF DOCUMENTS FILED BY THE COMMISSIONER C1 11.06.2013 Report of the Commissioner Mr.R. Mohandoss C2 Rough sketch C3 Series of photographs C4 Copy of ration card of a woman consumer J. JAYARAM R. REGUPATHI JUDICIAL MEMBER PRESIDENT