Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act 16(l)(b) 1986 - ss. IO( l)(b) IO(J) 248(1 )(iii) 248(2) 16(2) 20(1 )(b) JO and JOA |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Consumer Protection Act, 1986 - ss. IO( l)(b), IO(J), 16(l)(b),16(2), 20(1 )(b), 248(1 )(iii), 248(2), JO and JOA - Consumer fora -c Paucity of infrastructure - Supreme Court had on 14-01-2016constituted a three member committee to examine the followingaspects in the National Commission, State Commissions and theDistrict Fora: ( 1) the infrastructure requirements; (2) the vacancyposition of President/Members/ Presiding officers; (J) Need for additional benches, having regard to the workload and difficulties/inconvenience which consumer dispute litigant has to face; (4) ·conditions of eligibility, if prescribed, for appointment as non-judicial members; (5) The nature and extent of Administrative·Powers, if any, conferred upon the Presidents of the StateCommissions and the President of the District Fora; (6) The serviceconditions currently applicable including pay-scales admissible toPresident and Members, Judicial/Non-judicial; (7) The minimum staffrequired; (8) Desirability and feasibility of creating separate cadrefor staff; (9) Any other aspect that the Committee may considerrelevant to make the Consumer Disputes Fora/Commissions moreF effective, efficient ~md their process speedy - Thereafter, Courtissued directions on 2 l-ll-16 to the Union Governmental to framemodel rules (i) for ensuring uniformity in the exercise of the rulemaking power uls.lO(J) and s.16(2) of the Act, for adoption by theState governments; (ii) for prescribing objective norms forimplementing the provisions of s.10(1 )(b), s.16(1 )(b) and s.20(1 )(b)in regard to appointment of the members; and (iii) for payment ofsalary, allowances and for the conditions of service of the members- It was further directed that upon approval of model rules by theCourt, the State government shall proceed to adopt the model rulesby framing appropriate rules u/s.30 of the Act - NCDRC requestedH to formulate regulations uls. JOA with the previous approval of the Central Government in order to effectuate the power of administrative control vested in the National Commission over theState Commissions u/s. 24(B)( /)(iii) and in respect of administrativecontrol of the State Commissions over the District fora in terms ofs.24(8)(2) to effecti1 ely implement the objects and purposes of theAct - Directions now issued to the Union government to file a comprehensive status report indicating the compliance with thedirections issued on 21-11-16 by the Court - Meanwhile, threemember Committee appointed by the Court filed its report, hence,completed its task - The Committee stands closed - ASG to assistthe Court in formulating appropriate directions to ensure that properinfrastructure is made available at all levels of the consumer fora across the country - Proceedings adjourned. |
Judge | N/A |
Neutral Citation | 2017 INSC 1300 |
Petitioner | State Of U P Through Principal Secretary & Ors. |
Respondent | All U. P. Consumer Protection Bar Association |
SCR | [2017] 12 S.C.R. 492 |
Judgement Date | 2017-12-15 |
Case Number | 2740 |
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