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Supreme Court today, while hearing Suo Motu Writ Petition on Appointments of President, Members/Staff in Consumer Dispute Redressal Forums, passed directions to all the States to fill up the vacancies within 8 weeks.  

A Division Bench of Justice SK Kaul and Justice Hrishikesh Roy said,

"We have endeavored to hear the different states in an exercise to seek their inputs on the issue. Statistics can be deceptive but sometimes statistics reveal the Truth."

Stressing that the States must be equipped to deal with the disputes arising, the court said,

"Don't create hopes when you are unwilling to fulfill aspirations. If you raise hopes that consumers will get their disputes redressed, You have to have an adequate no. of people to deal with the cases coming up."

Court further directed all the States to notify Rules under Section 44 of the Consumer Protetion Act within two weeks from today.  The bench further directed that if Rules under Section 44 are not notified within 2 weeks, the model Rules by the Government of India will automatically kick off and apply to the concerned UTs and States (Model Rules 2020).

In view of a large number of vacancies, the Court directed that all existing and potential vacancies be advertised, if not already advertised, within two weeks adding that all vacancies whether for the post of a member or President, shall be filled by the 30 States/UTs within a maximum period of 8 weeks from today.

Observing that some of the States and UTs have not set up the Selection Committee, the Division Bech directed the states to set up such committee within 4 weeks from today.

Earlier Developments

On the last date of hearing, Court placed on record the Statement by Advocate General for Punjab – that there is no answer as to why the process of filling up vacancies hasn’t begun yet, however, the same shall be done within 3 weeks.

Directions were issued to the Union and Other States to place Affidavits on record.

Learned Amicus was granted 2 weeks time to study, analyse the material so placed.

Brief Background

The present Suo Motu Writ Petition was taken up by the Top Court to deal exclusively with the issue of vacancies in the District/State Consumer Dispute Redressal Commissions. Court had recorded in its order dated February 22, 2021 that different States had different updated timelines – while the position in some of the States, as reflected on the website, was updated till 2020, the others were left only till 2014.

The Division Bench of Justice SK Kaul and Justice Hemant Gupta, had then observed,

“This is something which cannot be countenanced as the States should be upgrading and informing the National Commission website about the vacancy position existing as on date, more so, in view of Section 17(1)(d) of the Consumer Protection Act, 2019 which assigns the task of overseeing the issue of functioning of the State Commissions and District Commissions to the National Commission.”

Directions were issued to the Union & State Governments to respond broadly on:

• Information regarding vacant positions in each State – data updated till March 1, 2021 and the foreseeable vacancy in the next 6 months.
• Time period by States to formulate Rules for recruitment, in view of the new 2019 Act.
• States which have framed Rules to inform how much time will take to fill all existing and prospective vacancies.
• Central Govt. to inform the legislative impact study behind bringing the new Act of 2019 – focussing enhanced Jurisdictional aspects.
• Issue of Infrastructural needs

Case Title: In RE: Inaction of the Governments in appointing President and Members/ Staff of Districts and State Consumer Disputes Redressal Commission and inadequate infrastructure across India