Consumer Forum Vacancies Will Create Hardships For Common Citizens: Kerala HC Permits Incumbent Members To Continue Till Fresh Appointments

The Kerala High Court has directed the State and the Personnel and Administrative Reforms Department to allow the President of State Consumer Disputes Redressal Commission as well as President and members of the District Consumer Disputes Redressal Commission to continue in their respective posts as a temporary measure. The court was hearing a petition against the vacancies in the department.

“Taking into consideration of the fact that notification is yet to be published, there will be an interim direction to respondent Nos.2 and 3 to allow the President of State Commission as well as President and members of the District Commission to continue in the said posts as a temporary measure, as per the Rules prevailing when they were appointed, till the finalisation of the selection process and consequent appointments are made by the appropriate Government” observed Justice Basant Balaji

The petition was filed by a society intending to protect the consumer interests against the present vacancy of the President of the State Commission, President of the District Commission and few of the members as well as the upcoming vacancies of other posts due to the expiry of the term of the members.

The petitioners submitted that the vacancy would result in a vacuum in the state commission as well as the district commission which undermines the aim of the Consumer Protection Act. As such, the petitioner sought an interim direction to the respondents to allow the president of the state commission and also the President and the Women Member of Kottayam District Commission, the President of Kasaragod District Commission, the President of Pathanamthitta District Commission and President and member, Kozhikode District Commission to continue till the new selections are finalised.

“The intention of the legislature in enacting the Consumer Protection Act and Rules is that the consumers' rights are protected and if the said posts are kept vacant, it will create very hardships and injury to the common citizens who are before the commission for redressal of their grievances” concluded the court.

The court also directed the Special Government Pleader to file a counter affidavit within three weeks.

The matter is posted for March 25, 2024.

Case Number: WP(C) No. 7999 of 2024

Case Title: Confederation of Consumer Vigilance Centre v. Union of India and ors.