IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR, SUBRAMONIUM PRASAD, JJ.
Coimbatore Consumer Voice, Rep. by its Secretary, N. Logu - Petitioner
Versus
The Chief Secretary, Government of Tamil Nadu, Chennai & Others - Respondents
W.P. No. 26186 of 2018
Decided On : 12-10-2018
Consumer Protection Act, 1986 – Sections 7 and 8A – Mandamus - Composition of official and non official members - Writ petition for a Mandamus, directing the respondents herein to establish and conduct State Level and District Level Consumer Protection Council – Referring to Sections 7 and 8A of the Consumer Protection Act, 1986 learned counsel for the petitioner submitted that there should be a State Consumer Protection Council and District Consumer Protection Council and as per the statutory provisions, regular meetings have to be conducted not less than two meetings in a year. He further submitted that Government of Tamil Nadu have amended Tamil Nadu Consumer Protection Rules, 1988 and issued G.O.Ms., Co-operation, Food and Consumer Protection (H2) Department, by which, composition of official and non official members of State and District councils, have been notified – There is no reason as to why the Chairman of the State / District Council, respectively, has not filled up the vacancies onwards, in respect of traders association / registered voluntary Consumer organisations / leaders of Small Help Group Blocks Federation, except to state that details have been called for from the respective departments – Except transport (railways / shipping / civil aviation) Bharat Sansar Nigam Limited, Oil Corporation, Bureau of Indian Standards, rest of the members of the State / District Council are from the State / Municipal administrations / Electricity Board / Corporation / Municipality / Panchayat, etc – Official members of the State / District Council are designated officers – When such be the case, there is no reason as to why State / District Councils, did not conduct any meeting with the existing official members who are in majority – Barring few, all other members in the State / District councils are designated officers. Even in the case of Oil Corporation, Bharat Sansar Nigam Limited, Bureau of Indian Standards, representatives are only designated officers and therefore, there is no need to address even the above said departments for fresh nomination – Writ petition is ordered.
JUDGMENT :
S. Manikumar, J.
1. Secretary of Coimbatore Consumer Voice, has filed the instant writ petition for a Mandamus, directing the respondents herein to establish and conduct State Level and District Level Consumer Protection Council as per Section 7 and 8(A) of the Consumer Protection Act, 1986.
2. Referring to Sections 7 and 8A of the Consumer Protection Act, 1986 Mr. A. Edwin Prabakar, learned counsel for the petitioner submitted that there should be a State Consumer Protection Council and District Consumer Protection Council and as per the statutory provisions, regular meetings have to be conducted not less than two meetings in a year. He further submitted that Government of Tamil Nadu have amended Tamil Nadu Consumer Protection Rules, 1988 and issued G.O.Ms.Nos. 167 and 168, Co-operation, Food and Consumer Protection (H2) Department dated 27.10.2009, by which, composition of official and non official members of State and District councils, have been notified.
3. In respect of voluntary consumer organisations, Government have also issued G.O.Ms.No.389, Co-operation, Food and Consumer Protection Department dated 28.12.1988, wherein the Chief Secretary, Government of Tamil Nadu, Chennai, the 1st respondent, has directed all the Secretaries to Government, Heads of Departments / Government undertakings concerned with Consumer affairs to organise regular meetings with the leading voluntary (non-governmental / consumer organizations (not less than four meetings in a year) so as to enable these organizations to represent their grievances / suggestions / recommendations, for better recognition of the Consumer Protection Act, and the rules framed thereunder.
4. Attention of this Court was also invited to the letter No.140/H2/2001 dated 05.01.2006 wherein, the Secretary to the Government, Co-operation, Civil Supplies and Consumer Protection Department, Government of Tamilnadu, the 2nd respondent, has observed that most of the departments are not conducting meetings as per the directions of the Government in G.O.Ms.No.389, Co-operation, Food and Consumer Protection Department dated 28.12.1988 and further directed the District level officers to conduct quarterly meetings.
5. Reference was also made to a letter dated 18.06.2010 of the Principal Secretary / Commissioner, Civil Supplies and Consumer Protection, Chennai, 3rd respondent, issued to all the District Collectors to arrange and conduct meetings, as per the directions in G.O.Ms.Nos. 167 and 168, Co-operation, Food and Consumer Protection (H2) Department dated 27.10.2009 and to submit the annual report about the meetings.
6. Petitioner has contended that meetings are not conducted as per the directions of the Government and therefore, he submitted an application dated 09.11.2017 under the Right to Information Act, 2005 to the Public Information Officer, Civil Supplies and Consumer Protection Department, Chennai. Petitioner has also contended that meetings have not been conducted by the State Council from 2013 to 2017. He has further contended that District Consumer Council meetings are not conducted. Therefore, petitioner has submitted another representation dated 08.01.2018 to the respondents to conduct the State and District Consumer Protection council meetings, respectively, as per Sections 7 and 8A of the Consumer Protection Act, 1986 and vide letter dated 24.05.2018, Commissioner, Civil Supplies Department, has sent a reply to the petitioner stating that action has been taken and documents sought for have to be obtained. District collectors have been advised to conduct the District Council meetings.
7. Contending inter alia that duties enjoined on the State and District Consumer Council to conduct the meetings have not been discharged, instant writ petition is filed for the above stated relief.
8. Status report filed on behalf of the respondents, is extracted.
"It is submitted that the petitioner Thiru.N.Logu, S/o.K.V.Nachimuthu, Hindu, aged about 48 years, having office at No.7
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