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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Vivek Singh Thakur, Ranjan Sharma
Daleep Singh Kaith – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
This writ petition has been filed apprehending the closure of working of Himachal Pradesh State Consumer Disputes Redressal Commission, for ensuing retirement of present President on 05.04.2025, because posts of two members are already lying vacant and, therefore, after retirement of the President, the functioning of the Commission will not be possible. Therefore, prayer has been made to issue direction to continue the present President till new incumbent is appointed.
2. Vide Notification dated 15.7.2020, the Department of Consumer Affairs, notified the Consumer Protection [Qualification for Appointment, Method of Recruitment, Procedure of Appointment, Terms of Office, Resignation and Removal of the President and Members of the State Commission and District Commission] Rules, 2020 (for short ‘Rules 2020’).
3. Rule 3(2)(b), Rule 4(2)(c) and Rule 6(9) of Rules 2020, were declared arbitrary, unreasonable and violative of Article 14 of Constitution of India by Nagpur Bench of High Court of Judicature at Bombay, vide common judgment and order dated 14.9.2021, passed in Public Interest Litigation No.11 of 2021 and Writ Petition No.1096 of 2021.
4. The afores
Timely appointments to consumer commissions are essential to prevent disruption of services and protect consumer rights, as delays are arbitrary and against public interest.
Court confirmed the necessity of timely appointments for consumer commission members under existing regulations.
Appointment of President and Members of State and District Commission – Rule 3(2)(b), Rule 4(2)(c) and Rule 6(9) of Consumer Protection (Qualification for appointment, method of recruitment, procedur....
The qualifications for appointment as members of the Consumer Disputes Redressal Commissions under the Rules of 2020 are distinct for different categories, and candidates qualifying under Rule 3(2)(a....
The High Court emphasized the obligation to comply with the Supreme Court's directives regarding the tenure of consumer commission members, prohibiting reinterpretation by subordinate authorities.
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