Govt In Welfare State Must Make Prompt Appointments To Redress Public Grievances: High Court Seeks Report On Chandigarh Consumer Fora Vacancies

The Punjab & Haryana High Court has directed the Chandigarh administration to file a status report on steps being taken for filling up existing and future vacancies in the State and District Consumer Disputes Redressal Commission in the UT.

Justice Harsh Bunger opined, "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."

The Court further observed that government authorities are bound to fill up the vacancies for the proper functioning of the State  and District Consumer Disputes Redressal Commission so as to give effect to the Consumer Protection Act, 2019. 

Adding that in order to ensure that the Consumer Disputes Redressal mechanism does not come to a standstill, the Court directed, "the tenure of Mr. Rajesh K. Arya, Member (non judicial), State Consumer Disputes Redressal Commission, U.T. Chandigarh as well as Mr. Brij Mohan Sharmna, Member (non-judicial) District Commission-11, U.T.Chandigarh be extended for the time being, till the next date of hearing."

The Court was seized with a writ petition filed by the Tricity Consumer Court Bar Association, seeking directions for the Chandigarh authorities to fill up the vacancies of Members of the State and District Consumer Disputes Redressal Commission, U.T. Chandigarh, in accordance with the Supreme Court's directions given in Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye & Ors.

The counsel for the petitioner highlighted that the State Commission, U.T. Chandigarh had addressed a letter in March to Secretary, Department of Food and Supplies and Consumer Affairs and Legal Metrology, Chandigarh Administration, "to inform regarding the vacancies and also to fill up the same." 

In another letter written by Secretary of State Consumer Disputes Redressal Commission, U.T. Chandigarh to the Secretary of Government of India, Ministry of Consumer Affairs, requesting to make "stop-gap-arrangement" due to completion of tenure of Members of the State Commission and District CommissIon-l and II, U.T. Chandigarh.

However, despite various communications the authorities have failed to initiate any action for filling up the vacancies which have already arisen or which are due to arise, Court noted.

Counsel representing Chandigarh admin said the process of filling up of vacancies has been started and the same would "take some time."

Considering the submissions, the Court directed Chandigarh administration to file an affidavit. The matter will now be taken up on October 11.

Appearance: Nitin Thatai, IP. Singh,  and Sandeep Khunger, Advocates for the petitioner.

Abhinav Sood, Advocate and Mr. Nitesh Jhajhria, Advocate for the respondents.

Case Title: Tricity Consumer Court Bar Association v. U.T.Chandigarh and another

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