Kerala High Court mandates the continuation of current Consumer Commission officials until new appointments, ensuring uninterrupted consumer protection services. Justice Basant Balaji highlights the importance of preventing hardships for citizens amid administrative vacancies.
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CHENNAI: The Kerala High Court has issued a directive to the State government, mandating the continuation of the current President of the State Consumer Disputes Redressal Commission along with the President and members of various District Commissions. This decision is to remain in effect until the process of making fresh appointments is completed.
Justice Basant Balaji, presiding over the matter, underscored the necessity of this temporary measure, pointing out the adverse effects that vacancies in consumer commissions can have on the general public. He emphasized:
“The intention of the legislature in enacting the Consumer Protection Act and Rules is that the consumers’ rights are protected and if the said posts are kept vacant, it will create very hardships and injury to the common citizens who are before the Commission for Redressel of their grievances.”
The court’s order specifically addresses the tenure of key officials within the State Commission and various District Commissions, including Kottayam, Kasaragod, Pathanamthitta, and Kozhikode. These officials, whose terms were slated to end between February and July of the current year, have been granted permission to continue in their roles until successors are duly appointed. This decision aims to prevent any disruption in the handling of consumer grievances and maintain the efficacy of the redressal mechanism.
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This judicial intervention is a petition filed by the Confederation of Consumer Vigilance Centre, a collective comprising lawyers and concerned citizens dedicated to consumer rights advocacy. The petition called for an order allowing the incumbent Presidents and members of the consumer commissions to extend their service until new appointments are made. This move was inspired by a precedent set by the Supreme Court in The Secretary Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye, where a similar extension was granted to consumer forum officials in Maharashtra.
In response to the petition, representatives for the State government indicated that a new notification for the selection of commission members is forthcoming. Meanwhile, the High Court has also extended its reach by issuing notices to both the Central and State governments, demanding a counter affidavit from the latter within a three-week timeframe.
The next hearing scheduled for March 25.
Representing the petitioner, Senior Advocate VM Krishnakumar and Advocate PR Reena have taken a prominent role in this case, advocating for the uninterrupted operation of consumer commissions and the protection of consumer rights.
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