The court emphasized the separation of powers and the limitations of the court's jurisdiction in legislative and executive matters.

JUDGMENT

Manmohan, J. (Oral) - CM APPL. 11076/2020

Allowed, subject to just exception.

W.P.(C) 3187/2020

1. The petition has been listed before this Bench by the Registry in view of the urgency expressed therein.

2. The petition has been heard by way of video conferencing.

3. It is pertinent to mention that present public interest litigation has been filed against as many as eighty respondents primarily seeking to convert the Consumer Welfare Fund Bill, 2010 into the Consumer Welfare Fund Rules, 2010 and for transfer of the unclaimed or unpaid amounts of unidentifiable consumers lying with respondents to Consumer Welfare Fund or a Suspense Account as well as for refund of the same and to disburse Rs. 5 crores out of the said amount to senior resident doctors of Safdarjung Hospital and to donate an additional sum of Rs. 5 crores to Sardarjung Hospital to fight the coronavirus. The prayer clause reads as under:-

''In the abovementioned facts and circumstance this Hon ? ble Court may graciously pleased to:--

(a) Issue writ of mandamus directing the appropriate government to convert the Consumer Welfare Fund Bill, 2010 into the Consumer Welfare Rules, 2010;

(b) Issue writ of prohibition and certiorari directing appropriate government to transfer unclaimed or unpaid unidentifiable consumer amount, lying with Banks, RD accounts, PPF, NPPA, Postal Services, Life Insurance, direct & indirect tax authorities, SEBI, DG Civil Aviation and other government entities and also any type of consumer unclaimed or unpaid amount mentioned in above drawn chart or illegally diverted into other account(s) into CWF or to a Suspense Account under CPA, 1986 or under CPA, 2019 in terms of CWF, Bill 2010;

(c) Issue writ of certiorari directing appropriate government to refund unclaimed and unpaid unidentifiable consumers amount to them in terms of judgment rendered by the constitutional bench of the Hon ? ble Supreme Court of India in Mafatlal Industries Ltd Vs. Union of India reported in (1997) 5 SCC 536 read with the Consumer Welfare Fund Bill, 2010;

(d) Issue writ of certiorari directing the central government to disburse Rs.5 Cr. or more to the Senior Resident doctors Safdarjung Hospital from the unclaimed amount belongs to innumerable and unidentifiable consumers throughout India;

(e) Issue writ of prohibition directing the appropriate government to credit all public money into the account of Consumer Welfare Fund which is not meant for Consolidated Fund of India;

(f) Issue writ of mandamus directing the appropriate government to enact Consumer Welfare Fund Act, 2010 in terms of clause (k) of sub-section (1) of Section 19 (Powers and functions of Central Authority to advise the Ministries and Departments of the Central and State Governments on consumer welfare measures) of the CPA, 2019;

(g) Issue writ of mandamus directing respondents to file their responses with regard to total unclaimed amount of consumers amount which is lying with them till today in the absence of any statute;

(h) Issue writ of mandamus directing respondents to file a detailed sheet as to how much consumers unclaimed amount, received under Section 12 (1) or 17 (1) or 21(i)(a) or CPA, 1986; or fine under section 14(1) (hb) of the CPA, 1986; or cost of adjournment, has been directed to deposit in CWF established under section 12(c) of the Central Excise Act, 1944 in terms of Rule 10A of the Consumer Welfare Rules, 1987;

(i) Issue writ of probation directing the appropriate government not to transfer consumers unclaimed amount (in trillions) of consumers in any other account till the proper statute is not enacted;

(j) Issue writ of certiorari to deposit consumers unclaimed amount (in trillions) in Consumer Welfare Fund or Suspense account till the proper statute is not enacted;

(k) Issue a writ of mandamus directing R-13 to allow the present Central Consumer Protection Council through its members to donate on behalf of the consumers the said sum of Rs.5 crores (Right Five Crores on