The Supreme Court has granted three months time to the Union of India to consider the establishment of a permanent adjudicatory forum for consumer disputes, either in the form of a consumer court or a consumer tribunal.
The Bench of Justice Abhay S Oka and Justice MM Sundresh ordered the Central government to file an affidavit on the feasibility of a permanent adjudicatory forum for consumer disputes, comprising permanent members, including both staff and the Presiding Officers.
The Union government could increase the strength of the Consumer Tribunal/Court adequately. It should also consider facilitating sitting Judges to head the fora, noted the Court.
The top court of the country passed the order on a batch of appeals and review petitions out of which two sets of civil appeals pertained to the State of Maharashtra State and one pertained to the State of Telangana.
It ruled that there would be no requirement of a written examination followed by a viva voce for selection to the posts of President of the State Commission, Judicial Members of the State Commission and President of the District Commission under Rules 3(1), 3(2)(a) and 4(1) of the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020 [2020 Rules], respectively.
A written examination followed by a viva voce should be required only for the appointment and reappointment to the posts of non-Judicial members of the State Commission and members of the District Commission.
The written examination for appointments to the State and District Commissions should be conducted in consultation with the respective State Service Commissions, it added.
The Bench granted the Central government four months time to notify the new Rules, incorporating the observations made by the Court in the cases of Rojer Mathew, MBA – III, and MBA – IV, with respect to the tenure of office being five years, being both logical and necessary.
It said the composition of the Selection Committee should be such that the members from the Judiciary must constitute the majority.
The top court of the country accepted the Central government’s proposal qua Rule 4(1) of the 2020 Rules, that the qualification for appointment to the post of President of the District Commission, shall be restricted to either a serving or a retired District Judge.
The Bench directed all the States across the country to complete the process of recruitment under the new Rules, following the notification of the same by the Centre.
The Apex Court held that the tenure of all the appointments allowed to continue vide its verdict, would be a for period of four years. Such persons shall not be entitled to claim the benefit of this judgment qua a five-year tenure. The verdict shall apply prospectively, except to the extent indicated in the directions, it added.