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SUPREME COURT OF INDIA
ABHAY S. OKA, M.M. SUNDRESH, JJ.
Ganeshkumar Rajeshwarrao Selukar and Others – Appellants
Versus
Mahendra Bhaskar Limaye and Others – Respondents
Civil Appeal No. 9982 of 2024 [Arising Out of SLP (C) No. 25612 of 2023], Civil Appeal No. 9987 of 2024 [Arising Out of SLP (C) No. 26881 of 2023], Civil Appeal Nos. 9983-9985 of 2024 [Arising Out of SLP (C) Nos. 26172-26174 of 2023], Civil Appeal No. 9988 of 2024 [Arising Out of SLP (C) No. 26582 of 2023], Civil Appeal No. 9989 of 2024 [Arising Out of SLP (C) No. 26581 of 2023], Civil Appeal No. 9990 of 2024 [Arising Out of SLP (C) No. 27352 of 2023], Civil Appeal Nos. 9965-9967 of 2024 [Arising Out of SLP (C) Nos. 639-641 of 2024], Civil Appeal No. 10029 of 2024 [Arising Out of SLP (C) No. 5866 of 2024], Civil Appeal No. 9964 of 2024 [Arising Out of SLP (C) No. 8081 of 2024], Review Petition (Civil) No. 1313 of 2024 [In Civil Appeal No. 831 of 2023], Review Petition (Civil) No. 1315 of 2024 [In Civil Appeal No. 833 of 2023], Review Petition (Civil) No. 1314 of 2024 [In Civil Appeal No. 832 of 2023]
Decided On : 21-05-2025
(A) Consumer Protection Act, 2019 – Object and Purpose – Consumerism vis-à-vis Public Interest and Social Justice – Though a consumer seeking to redress his grievance may do so for himself, benefit of same often enures to public, which transacts with various entities, including State instrumentalities – In this way, exercise of power vested in a single consumer, to hold any entity accountable, transforms him into a flag bearer of public justice – Consumer litigation is a form of public interest litigation, which builds an active citizenry, enhancing participatory democracy – Participatory democracy is one of basic features of Constitution – Principle of participation in governance of country, is not only a constitutional right, but also a human right – It is imperative that consumer litigation should be allowed to grow multi-fold, for a democracy to flourish – It is not only duty of State or a goods/service provider, but also of every individual, to make sure that concept of consumerism flourishes in every possible way, in order to give effect to Fundamental Rights ensured to citizens, in adherence with constitutional mandate – Directive Principles of State Policy and Fundamental Duties enshrined under Part IV and Part IVA of Constitution respectively, reflect the very same understanding – Attainment of social justice may be most effective when driven by smallest unit of society - a citizen, who is exposed to inequalities through his day-to-day consumption. (Paras 11, 13, 19 and 20)
(B) Consumer Protection Act, 2019 – Object and Purpose – Consumerism vis-à-vis Politics and Economics – A nation's political stability, and its international relations, are influenced by its fiscal, monetary and sector-specific policies on education, health and environment, amongst others – These in turn affect and are affected by consumerism – From an international perspective, trade agreements, import and export policies, military alliances, and international cooperation hinge on global understanding of consumerism – Importance of a voter to politics would be felt only when there is social and economic equality – Consumerism is appropriate tool in achieving this valued objective for a mature democracy – There is pressing need to understand consumerism from lens of its political implications – This is particularly so, in light of growing complexities in our relationship with polity and dynamic interplay of rights, duties, and State's role in governance – With rising household income, coupled with development in all spheres, demand and supply of goods and services, as well as expenditure, are undergoing drastic changes – A aspirational youth, who form a majority of population and represent future of our country, crave qualitative commodities at all times – In all, constant evolution and expansion of consumer basket will remain a key indicator of nation’s economic progress and potential to transform as an economy. (Paras 23, 24, 25 and 28)
(C) 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 – Rules 6 and 10 – Appointment of President and members of State Commission and District Commission – Decision of High Court of Bombay, in striking down Rule 6(1) of 2020 Rules and consequent notifications, cannot be found fault with – Rule 6(1) of 2020 Rules, which provides for composition of Selection Committee, has been rightly struck down, placing reliance upon doctrine of separation of powers and earlier decisions of this Court in Rojer Mathew vs. South Indian Bank Ltd., (2020) 6 SCC 1, Madras Bar Assn. vs. Union of India, (2021) 7 SCC 369 and Madras Bar Assn. vs. Union of India, (2022) 12 SCC 455 as composition of Selection Committee as per said Rule indicates executive dominance – Setting aside of notifications is merely consequential – Striking down of Rule 10(2) of 2020 Rules as invalid, with respect to term of office of President of District Commission, and Members of State and District Commissions, can also not be found fault with, in light of settled position of law, on the aspect of tenure of office in Special Fora. (Paras 83 and 84)
(D) 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 – Rules 6 and 10 – Constitution of India – Article 142 – Appointment of President and members of State Commission and District Commission – Union of India is directed to file an affidavit on feasibility of a permanent adjudicatory forum for consumer disputes, either in form of a Consumer Tribunal or a Consumer Court, within a period of 3 months from today, on the touchstone of constitutional mandate – Such a forum shall consist of permanent members, including both staff and Presiding officers – Union of India may also consider facilitating sitting Judges to head the Fora – Strength may be increased adequately – Composition of Selection Committee shall be such that members from Judiciary must constitute majority – To achieve the same, Selection Committee shall comprise two members from Judiciary, one of whom shall be Chairperson, and third member from Executive, all of whom shall have voting rights – However, this shall not preclude concerned Secretary from being an ex-officio Member of Selection Committee, without voting rights – Proposal made by Union of India qua Rule 6(1) of 2020 Rules, may be accordingly modified – No written examination, followed by a viva voce, shall be required for appointment and reappointment to posts of President of State Commission, Judicial Members of State Commission and President of District Commission – A written examination followed by a viva voce shall be required only for appointment and reappointment to posts of Non-Judicial Members of State Commission and Members of District Commission – Written examination for appointments to State and District Commissions shall be conducted in consultation with respective State Service Commissions. (Para 102)
Facts of the case:
Consumerism constitutes the very spirit of the Constitution of India, 1950. It does not end with recognizing and protecting rights of a consumer vis-a-vis a trader or a service provider, as the case may be, but travels far beyond. Rights of a consumer are not merely constitutional or statutory guarantees, but are in fact, natural, and therefore, inalienable. The fact that the society, economy, polity and the environment, are inseparable from each other, is something that was envisioned even by the framers of the Constitution. Though not explicitly in the context of consumerism, the said vision is reflected in the much-celebrated statement of Dr. B.R. Ambedkar, in his closing speech before the Constituent Assembly of India, on 25.11.1949.
Findings of Court:
For all those appointments which have been allowed to continue vide this Judgment, the tenure shall be a period of 4 years. Such persons shall not be entitled to claim the benefit of this Judgment qua a five-year tenure, subject to the directions issued hereinabove. This Judgment shall apply prospectively, except to the extent indicated in the directions.
Result : Review Petitions allowed. Civil Appeals partly allowed.
The legal document emphasizes the integral role of consumerism within a democratic framework and its connection to public interest, social justice, and constitutional values. It highlights that consumer rights are inalienable and encompass constitutional guarantees, reflecting the broader societal need for social and economic equality. The document underscores that consumer litigation functions as a form of public interest litigation, fostering active citizen participation and strengthening participatory democracy, which is a fundamental feature of the Constitution (!) (!) .
It stresses that the exercise of consumer rights extends beyond individual grievances, often benefiting the public at large, and positions consumer protection as a means to promote social justice by addressing inequalities in access to goods, services, and opportunities (!) (!) . Consumer movements historically have contributed to significant political and social revolutions, demonstrating the interconnectedness of consumerism with broader societal change (!) (!) .
Furthermore, the document discusses that consumerism influences political processes, including electoral decisions and policy formulation, by reflecting societal demands and promoting social and economic equality (!) (!) (!) . Economically, consumer demand drives market growth, employment, and overall economic development, positioning consumer activity as a catalyst for progress (!) (!) .
Environmental considerations are also linked to consumerism, with a focus on sustainable and green consumer practices that support ecological balance and resource conservation. The development of sustainable lifestyles and environmentally conscious choices is seen as essential for achieving broader developmental and ecological goals (!) (!) (!) .
The document advocates for a robust and accessible redressal mechanism for consumer grievances, emphasizing that the existing institutional framework must evolve to meet the dynamic nature of consumer issues and societal needs. It advocates for structural reforms, including the establishment of permanent consumer forums with qualified personnel and secure tenure, to enhance efficiency, independence, and quality of decisions (!) (!) (!) .
Lastly, it addresses procedural aspects related to the appointment and tenure of consumer adjudicators, stressing the importance of transparent, fair, and constitutionally compliant processes. It underscores the need for clear qualifications, objective norms, and proper selection procedures, including examinations and interviews, to ensure competent adjudicators who can uphold consumer rights effectively (!) (!) (!) .
In summary, the document presents consumerism as a vital constitutional and societal force that promotes democracy, social justice, economic development, and environmental sustainability. It calls for reforms to strengthen consumer dispute resolution mechanisms, ensuring they are fair, independent, and capable of adapting to the evolving landscape of consumer rights and societal expectations (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
| Table of Content |
|---|
| 1. consumerism is integral to democracy. (Para 1 , 2 , 3 , 4 , 5) |
| 2. consumer rights are constitutional and inalienable. (Para 6 , 7 , 8) |
| 3. legislation exists for consumer protection. (Para 9 , 10 , 11) |
| 4. consumer litigation serves public interest. (Para 12 , 13 , 14) |
| 5. consumerism impacts social justice. (Para 15 , 16 , 20) |
| 6. consumer choices reflect political implications. (Para 22 , 23 , 24) |
| 7. consumerism drives economic growth. (Para 25 , 26 , 27) |
| 8. environmental concerns tie into consumerism. (Para 28 , 29 , 30 , 32 , 33) |
| 9. redressal mechanisms for consumer grievances need evaluation. (Para 34 , 35 , 36) |
| 10. constitutional framework for consumer disputes is evolving. (Para 40 , 41 , 43 , 44 , 46) |
| 11. changes in rules affect consumer dispute resolutions. (Para 48 , 49 , 50) |
| 12. judicial independence in appointment affects consumer rights. (Para 61 , 62 , 63 , 64 , 66) |
| 13. the selection process for consumer adjudicators is vital. (Para 92 , 93 , 95) |
| 14. directions are issued to enhance consumer protection mechanisms. (Para 100 , 102 , 103) |
JUDGMENT :
M.M. SUNDRESH, J.
1. Man is what he consumes. It is generally stated that one becomes a consumer from the time of his birth but, in reality, the journey begins much earlier. It extends from before the cradle to beyond the grave. A mother and her child are inseparable in the womb. Medical treatment received and commodities consumed by the mother, such as food, water, medicine, etc. enure to her child. Consumption is shared between the two, making them joint consumers. Similarly, even after one dies, consumption continues in multifarious ways. From donation of organs to the needy, to families conducting funeral rites and rituals annually, consumption is a reality that cannot be ignored, especially in an interconnected and interdependent world.
2. ‘Consumerism’ is therefore, one of the most integral aspects of human life. How then does one define it? It is indeed a rather difficult task to comprehensively do so, as every act or omission of an individual might attract the definition, given the impact it may have on others. Perhaps, its essence is best expressed in the words of Mahatma Gandhi, the Father of the Nation:
(Emphasis supplied)
3. He elevated a consumer above every other entity, transforming the concept of consumerism through the principles of truth and dharma. He galvanised people from all walks of life to participate in the freedom struggle, by incorporating the spirit of consumerism in the pivotal Indian Independence Movement, through methods such as non-cooperation and civil disobedience. One classic instance where politics, economics and social order were consciously integrated, was the Dandi March of 1930, whereby civil disobedience was extended through the Salt Satyagraha opposing the taxation of salt. It can be rightfully said that democracy was won, not only by the strength of our words and the sweat of our brow, but also over the price of salt. Hence, at its core, the Indian Independence Movement can be seen as a citizen-consumer movement.
4. The concept of consumerism has evolved in India since ancient times. A solemn duty was ordained on the King, to hold the trader accountable to a standard of fairness in every transaction with a consumer. Any violation by traders was dealt with by the Ruler, not only by retributive, but also by reformative action. This was because the knowledge and character of his citizens depended upon their consumption, and would have been substantially impacted, if consumption was either inadequate or the quality poor. The relevance of the same has become even more pronounced today.
5. Consumer mo
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