State Commission Is Bound To Fill Up Vacancies For Proper Functioning Of SCDRC & DCDRC To Give Effect To Consumer Protection Act: P&H High Court

In order to ensure that the Consumer Disputes Redressal mechanism does not come to a standstill, the Punjab & Haryana High Court by way of an interim measure, directed that the tenure of the non-judicial member of State Consumer Disputes Redressal Commission, U.T. Chandigarh as well as tenure of the non-judicial member of the District Commission-II, U.T. Chandigarh be extended for the time being till the next date of hearing.

The High Court held so while considering a petition preferred by the Tricity Consumer Court Bar Association (Petitioner) seeking a direction to the respondents for filling up the vacancies of Members of State/District Consumer Disputes Redressal Commission, U.T. Chandigarh, in terms of the direction given by the Apex Court in case of “The Secretary Ministry of Consumer Affairs Vs. Dr. Mahindra Bhaskar Limaye and others [Civil Appeal No.831 of 2023]”.

The counsel for the Petitioner submitted that after the passing of the judgment of the Apex Court, the State Commission/U.T. Chandigarh had addressed a letter to the Secretary, Department of Food and Supplies and Consumer Affairs and Legal Metrology, Chandigarh Administration, thereby, informing regarding the vacancies and requested to make stop-gap-arrangement due to completion of tenure of Members of the State Commission and District Commission-I and II, U.T. Chandigarh.

A Single Judge Bench of Justice Harsh Bunger observed that “the respondents are bound to fill up the vacancies for the proper functioning of the State Consumer Disputes Redressal Commission as well as the District Consumer Disputes Redressal Commission so as to give effect to the Consumer Protection Act, 2019”.

Advocate Nitin Thatai appeared for the Petitioner, whereas Advocate Abhinav Sood appeared for the Respondents.

After considering the submission, the Bench referred to the submission of the petitioner that even going by the statement made by U.T. Chandigarh that the process for filling up the vacancies has been initiated, it is likely that the same would take some time, and accordingly, it was prayed that some stop-gap-arrangement be made so that the Consumer Disputes Redressal Mechanism does not come to a standstill.

The Bench observed that in a welfare state, it is expected that the Central Government/State Government/Union Territories should take prompt action in making appointments of the President/Members in the State Commissions as well as in the District Commissions for the Redressal of the grievances of the consumers.

Accordingly, the High Court listed the matter for further consideration, and directed the respondents to submit the Status Report regarding the steps being taken/initiated for filling up the already accrued vacancies and also the vacancies likely to arise in the State Consumer Disputes Redressal Commission, U.T. Chandigarh as well as the District Consumer Disputes Redressal Commission, U.T. Chandigarh.

Cause Title: Tricity Consumer Court Bar Association v. U.T Chandigarh and Anr.

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