1 By an order dated 14 January 2016, this Court while dealing with the paucity of
Digitally signedinfrastructureby in the consumer fora, constituted a three Member Committee CHETAN KUMAR consisting of :
1. Dr Justice Arijit Pasayat, Former Judge, Supreme Court of India.
2. Ms Justice Rekha Sharma, Former Judge, High Court of Delhi.
3. The Secretary to Government of India, Department of Consumer Affairs or his nominee.
2 The Committee was requested to examine the following aspects :
(1) The infrastructural requirements of the respective State Commissions in terms of office space for the Presiding Officer, members and supporting staff and whether the same has been provided for. In case the requirement is not satisfied, what is the extent of deficiency and possible ways and means of removing the same.
(2) The vacancy position of President/Members/Presiding Officers in the National Commission, State Commissions and the District Fora and the steps that need to be taken for ensuring that vacancies are filled-up on a timely basis.
(3) Need for additional benches of the National Commission, State Commissions and the District Fora in the States or in any one of them having regard to 11 the workload and the difficulties/inconvenience which a consumer dispute litigant has to face to access the National Commission, State Commissions and/or District Fora.
(4) The conditions of eligibility, if any prescribed, for appointment as non-judicial members of National Commission, State Commissions and the District Fora. In case no such conditions of eligibility are prescribed whether there is a need for doing so and what could be the conditions of eligibility for such appointments having regard to the nature of work and the relevant provisions of the Consumer Protection Act, 1986.
(5) The nature and extent of Administrative Powers, if any, conferred upon the Presidents of the State Commissions and the President of the District Fora. In case no such
powers have been conferred whether the same need to be conferred and if so to what extent and effect.
(6) The service conditions currently applicable including pay-scales admissible to President and Members, Judicial/Non-Judicial of the National Commission, State 12 Commissions and the District Fora and in case no service conditions are stipulated what could be reasonable conditions of service applicable to such appointees.
(7) The minimum staff required for the National Commission and respective State Commissions/District Fora and in case no such standard is recognized or the staff provided is inadequate having regard to the nature and extent of work to be done by the concerned Commissions and Fora what could be the norms for providing the same.
(8) Desirability and feasibility of creating a separate cadre for staff in the National and State Commissions and the District Fora.
(9) Any other aspect that the Committee may consider relevant and helpful with a view to making the Consumer Disputes Fora/Commissions more effective, efficient and their process speedy.
3 The Committee was requested to forward its deliberations to the state
governments, on the completion of their deliberations qua each state to facilitate
appropriate steps in a time bound manner.
4 Thereafter, by an order dated 21 November 2016, this Court issued the following
directions :
(i) The Union Government shall for the purpose of ensuring
uniformity in the exercise of the rule making power under
Section 10(3) and Section 16(2) of the Consumer Protection
Act, 1986 frame model rules for adoption by the state
governments. The model rules shall be framed within four
months and shall be submitted to this Court for its approval;
(ii) The Union Government shall also frame within four months
model rules prescribing objective norms for implementing the
provisions 24 of Section 10(1)(b), Section 16(1)(b) and Section
20(1)(b) in regard to the appointment of members respectively
of the District fora, State Commissions and National
Commission;
(iii) The Union Government shall while framing the model rules
have due regard to the formulation of objective norms for the
assessment of the ability, knowledge and experience required
to be possessed by the members of the respective fora in the
domain areas referred to in the statutory provisions mentioned
above. The model rules shall provide for the payment of salary,
allowances and for the conditions of service of the members of
the consumer fora commensurate with the nature of
adjudicatory duties and the need to attract suitable talent to
the adjudicating bodies. These rules shall be finalized upon
due consultation with the President of the National Consumer
Disputes Redressal Commission, within the period stipulated
above;
(iv) Upon the approval of the model rules by this Court, the state
governments shall proceed to adopt the model rules by
framing appropriate rules in the exercise of the rule making
powers under Section 30 of the Consumer Protection Act,
1986;
(v) The National Consumer Disputes Redressal Commission is
requested to formulate regulations under Section 30A with the
previous approval of the Central Government within a period of
three months from today in order to effectuate the power of
administrative control vested in the National Commission over
the State Commissions under Section 24(B)(1)(iii) and
in respect of the administrative control of the
State Commissions over the District fora in terms of
Section 24(B)(2) as explained in this Judgment to 25
effectively implement the objects and purposes of the
Consumer Protection Act, 1986.
5 On 7 March 2017, the following directions were issued :
“During the course of hearing today, the proposed rules and regulations were brought to our notice. It also emerges during the course of hearing, that there is a need for certain modifications, in the Rules and Regulations. Learned counsel for the rival parties accordingly sought a short adjournment, so as to enable them to iron out the issues, which require further debate and deliberation. 3 One of the pressing issues, which needs to be dealt with forthwith, is the vacancy of the post of Registrar, of the National consumer Disputes Redressal Commission. It seems, that there is an agreement on this issue as well, inasmuch as, learned Additional Solicitor General leaves the issue of recommendation to the Chairman of the above Commission, who will be at liberty to suggest the name of an appropriate individual, for the post of Registrar of the above Commission. As and an when such a recommendation is made, the selected individual will be appointed as Registrar, without delay, by way of deputation, till such time a regular incumbent is selected and appointed.”
6 In pursuance of the previous orders, Mr Maninder Singh, learned Additional
Solicitor General has filed a status report. We consider it appropriate to direct
that a comprehensive status report indicating compliance with the directions
issued on 21 November 2016 by this Court shall be filed on affidavit within a
period of six weeks from today by the Union government.
7 The Committee appointed by this Court has filed its report on 4 March 2017. The
Committee has completed its task. The work of the three member Committee
appointed by this Court stands concluded with its report dated 4 March 2017, a
copy of which has been placed on the record. The Committee stands closed.
8 We request Mr Maninder Singh, learned ASG to assist this Court in formulating
appropriate directions to ensure that proper infrastructure is made available at all
levels of the consumer fora across the country. We direct that the proceedings
shall now stand over to 30 January 2018, to consider implementation of our
decisions dated 21 November 2016.
New Delhi December 15, 2017
Civil Appeal No. 2740/2007
VERSUS
Date : 15-12-2017 These matters were called on for pronouncement of order today.
For Appellant(s)
Mr. Ankur Prakash, AOR Mr. Ashutosh Kumar Sharma, Adv.
Mr. Ranjan Mukherjee, AOR Mr. V. N. Raghupathy, AOR For Respondent(s)
Mr. Maninder Singh, ASG Ms. Niranjana Singh, Adv.
Mr. S. Wasim Qaudri, Adv.
Mr. Gopal Singh, AOR Ms. Vimla Sinha, Adv.
Mr. Rituraj Biswas, Adv.
Mr. Manish Kumar, Adv.
Mr. Pranab Prakash, Adv.
Mr. Shivam Singh, Adv.
Mr. Aditya Raina, Adv.
Mr. Shreyas Jain, Adv.
Mr. Kumar Milind, Adv.
Ms. Ambika Gutam, Adv.
Mr. Shuvodeep Roy, Adv.
Mr. Edward Belho, AAG Ms. K. Enatoli Sema, AOR Mr. Amit Kumar Singh, Adv.
Mr. K. Luikang Michael, Adv.
Ms. Hemantika Wahi, AOR Ms. Jesal Wahi, Adv.
Ms. Mamta, Adv.
Ms. Shodhika Sharma, Adv.
Mr. B. Vinodh Kanna, AOR Mr. A. Sriram, Adv.
Ms. Aruna Mathur, Adv.
Mr. Avneesh Arputham, Adv.
Ms. Anuradha Aputham, Adv.
Ms. Simran Jeet, Adv.
M/s. Arputham Aruna & Co., AOR
Mr. S. Wasim A. Qadri, Adv.
Mrs. Nirasnjna Singh, Adv.
Mr. Zaid Ali, Adv.
Mr. Saeed Qadri, Adv.
Mr. Raj Bahadur Yadav, Adv.
Mrs. Anil Katiyar, Adv.
Mr. Leishangthem Roshmani Kh., AOR
Ms. Maibam Babina, Adv.
Mr. K.V. Jagdishvaran, Adv.
Mrs. G. Indira, AOR
Mr. Rajvinder Singh, Adv.
Mr. Hitesh Kumar Sharma, Adv.
Mr. T.V. Talwar, Adv.
Mr. Kuldip Singh, AOR
Mr. Ashutosh Kumar Sharma, Adv.
Ms. Rachana Srivastava, AOR
Mrs. D. Bharathi Reddy, AOR Ms. C.K. Sucharita, AOR Mr. S. Srinivasan, AOR M/S. Corporate Law Group, AOR Mr. Anil Shrivastav, AOR Mr. T.V. George, AOR Mr. G. Prakash, AOR Mr. V.N. Raghupathy, AOR Mr. B.S. Banthia, AOR Mr. Ranjan Mukherjee, AOR
Mr. R. Sathish, AOR Ms. Sumita Hazarika, AOR Mr. R. Gopalakrishnan, AOR Mr. Radha Shyam Jena, AOR Mr. Sunil Kumar Jain, AOR Mr. Tara Chandra Sharma, AOR Mr. Jatinder Kumar Bhatia, AOR Ms. A. Subhashini, AOR Mr. Kamini Jaiswal, AOR Mr. V. G. Pragasam, AOR M/S. V. Maheshwari & Co., AOR Mr. B. Balaji, AOR Mr. Tushar Bakshi, AOR Mr. Ashok K. Srivastava, AOR Mr. Ashok Mathur, AOR Mr. Rajeev Sharma, AOR Mr. K.R. Sasiprabhu, AOR Mrs. Revathy Raghavan, AOR Mr. Krishnanand Pandeya, AOR Mr. Sibo Sankar Mishra, AOR Ms. Kaveeta Wadia, AOR Mr. T. Mahipal, AOR Mr. Milind Kumar, AOR Mr. T. V. Ratnam, AOR
Hon'ble Dr. Justice D.Y. Chandrachud pronounced
the order of the Bench comprising Hon'ble the Chief
Justice, Hon'ble Mr. Justice A.M. Khanwilkar and His
Lordship.
In terms of the signed reportable order, a
comprehensive status report indicating compliance with
the directions issued on 21 November 2016 by this Court
shall be filed on affidavit within a period of six weeks
from today by the Union Government.
Let the matter be listed on 30 January 2018.
(Deepak Guglani) (H.S. Parasher)
Court Master Assistant Registrar
(Signed reportable order is placed on the file)