Excelsior Correspondent
Srinagar, Dec 18: The High Court today directed for compliance report from Government on the notification of new rules issued by the Centre for functioning of Consumer Commissions and District Consumer Forums under the Central Government Act.
In view of the public interest involved in the matter, the Court had directed the J&K Government to finalize the issue with regard to requisite notifications vis-a-viz reconstitution of the Consumer Commissions and District Forums with the conditions that in view of failure of the Secretaries of Law CA&PD department to appear in persons before the court, the Law department through its Secretary submitted a report before the court which read that the Section 43 of the Central Act provides that the Central Government may by notification make rules to provide for the qualification for appointment, method of resignation and removal of the President and Members of the State Commission.
The counsel appearing for CA&PD after seeking information from the department informed the court that the Ministry of Home Affairs is going to meet tomorrow on various issues including the issues involved in this case as such court be apprised after the said meet accordingly.
Hearing the petition with reference to effective functioning of the erstwhile State Consumer Disputes Redressal Commission and District Consumer Forums, the Division Bench of Justice Ali Mohammad Magrey and Justice D S Thakur after these submissions court asked the appearing counsel for J&K Government to apprise the court about the notification of rules and the procedure for appointment, term of office, resignation and removal of the President and Members of the State Commission.
Court has been apprised that till the rules are notified by the Central Government the Consumer Redressal Forums under the new Act cannot be constituted. The petitioner counsel submitted that till the new rules are notified the erstwhile Commissions may continue to work as the public is facing lot of difficulties and hardships.
The Government rebutted that under the new Act it cannot be done as the persons appointed (President and Members) under the erstwhile Act which has been repealed cannot continue in view of the repeal of the Act and consequential of the abolition of said Commissions and Forums.
“The Central Act provides for continuation of President and Members of these forums but the same provision is applicable to the President and members which were appointed under the Central Act and not under the J&K Consumer Protection Act which is not in force now”, read the report of Law department.
Government Counsel as such submitted that the process for appointment of President and Members or Consumer Disputes Redressal Forums (CDRF) can be initiated once the rules under the Central Act are notified by the Central Government.
With regard to pending claims and appeals before the erstwhile CDRF, the court has been informed that Government is examining it.
It is in-terms of the decision of the Government on October 23 this year, the State Consumer Disputes Redressal (SCDRC) Commission and District Consumer Forums stands closed in the winding up process as a consequence to implementation of J&K Re-Organization Act 2019 and all records pertaining to the erstwhile Commission were transferred to the Department of FCS&CA for records.
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