The Supreme Court has observed that States with fewer than 1,000 pending consumer disputes may abolish some District Consumer Forums and transfer their cases to serving judicial officers, subject to the prior approval of the jurisdictional High Court.
The Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana made this observation while continuing to monitor the functioning of Consumer Commissions across the country, including issues relating to appointments, service conditions and infrastructure.
In its order dated July 22, the Court stated that States with less than 1,000 pending consumer cases would be at liberty to rationalise the number of District Forums and entrust the pending matters to serving judicial officers after obtaining the concurrence of the concerned High Court.
The clarification was issued in continuation of the Court’s earlier directions governing the constitution and functioning of State and District Consumer Commissions. In its February 11 order, the Bench had noted that several smaller States and Union Territories had informed the Court that maintaining separate Consumer Commissions despite very low case pendency was financially impractical.
The Court had referred to States including Arunachal Pradesh, Sikkim, Tripura, Mizoram, Manipur and Goa, as well as the Union Territories of Lakshadweep and Andaman and Nicobar Islands, where only a limited number of consumer disputes were pending. It had also observed that some States did not have duly constituted State Consumer Commissions headed by a sitting or former High Court judge.
To ensure consumers continued to have access to an effective dispute resolution mechanism, the Court had earlier directed that pending matters from certain States be transferred to the Registrars General of the jurisdictional High Courts, where a single judge, assisted by existing technical members, would function as a deemed State Commission. It had also permitted States and Union Territories with fewer than 1,000 pending complaints and appeals to suggest alternative mechanisms for consumer dispute resolution.
The Bench further directed all States to comply with its February directions and place on record the arrangements made to ensure the effective functioning of Consumer Commissions.
The Court also reviewed compliance with its earlier direction that members of Consumer Commissions should not suffer any reduction in pay. It noted that only Andhra Pradesh and Gujarat had amended their rules to comply with the order, while several other States had either failed to do so or sought modifications. The Court granted two weeks for responses to the modification applications and directed defaulting States to either comply or seek modification within the same period.
Additionally, the Bench noted that several States had yet to furnish information sought by the court-appointed amicus curiae regarding the service conditions of Consumer Commission members. It directed the States to submit the requisite information and status reports before the next hearing, cautioning that no further extension would be granted.
The matter has been listed for further hearing on August 13.
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