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1989 Supreme(SC) 732

SUPREME COURT OF INDIA
Ranganath Misra, G.L. Oza, JJ.
Common Cause A. Regd. Society - Petitioner
Versus
Union of India - Respondent
Writ Petition (C) No. 1141 of 1988.
Decided On : 19-9-1989

Headnote:

Union Territories - We find that Petitioner has impleaded States only though relief asked for is a common one and would be applicable against every State and Union Territory question as to why other States have been left out in response to our question petitioner makes an oral prayer that all other States and Union territories be impleaded we accept request - Held, So far as erring States and Union Territories are concerned without waiting to hear them we think it appropriate to issue a direction that every State and Union Territory shall constitute District Forum as required and State Commission within weeks - This order shall be sent by telex to every chief Secretary of States and Union Territories in course of day by Registry - Everyone bound by order is directed to file an affidavit of compliance within two weeks of expiry of weeks - This matter shall appear again on expiry of weeks for further orders - Order accordingly.

ORDER :

1. We find that the Petitioner has impleaded nine States only though relief asked for is a common one and would be applicable against every State and Union Territory of India. The question as to why the other States have been left out in response to our question, petitioner makes an oral prayer that all other States and the Union territories' be impleaded we accept the request. Issue notice to them.

2. The Act came into force in December 1986 and though about three years are going to expire steps envisaged under the Act have not been taken. The Act was intended by Parliament as a beneficial measure to the common consumer and to protect his interest. The fact that three years have gone and the State Commission and the District Forum have not been made available to be utilised by the aggrieved consumer doest not speak well. So far as the erring States and Union Territories are concerned, without waiting to hear them we think it appropriate to issue a direction that every State and Union Territory shall constitute the District Forum as required under section 9 (a) and the State Commission under section 9 (b) of the Act within six weeks from today. This order shall be sent by telex to every chief Secretary of the States and the Union Territories in course of the day by the Registry. Everyone bound by the order is directed to file an affidavit of compliance within two weeks of the expiry of six weeks. This matter shall appear again on expiry of the eight weeks from today for further orders.

3. The National Consumers Disputes Redressal Commission shall also be impleaded as a party and notice shall be issued to it for appearance in Court.

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