The Hindu : Kerala News : Order on selecting consumer forum members

Online edition of India's National Newspaper
Tuesday, Nov 16, 2004

Kerala

Kerala

Order on selecting consumer forum members

Our Staff Reporter

KOCHI, NOV. 15. The Kerala High Court today laid down certain procedures for selecting the members and presidents of the District Consumer Disputes Redressal Forums and the members of the State Consumer Disputes Redressal Commission, after declaring the existing procedure as unfair and arbitrary.

As per the present procedure, the Government submits a list of candidates of their choice to the president of the State Commission who has to approve the list.

Justice C.N. Ramachandran Nair, while disposing of a writ petition filed by the Federation of Consumer Vigilance Centre, Thiruvananthapuram, directed the Government to insert advertisement in newspapers inviting applications from persons with required qualification and experience as prescribed in the Consumer Protection Act and Rules for filling up the existing and future vacancies of presidents and members of the District Forums. It should be done within three months. The court made it clear that the Government could seek names of eligible persons who are serving or retired district judges from the High Court and names of lawyers from the District Judges for filling up posts of presidents of district forums. The State Government, in consultation with the Civil Supplies Secretary, should scrutinise the applications and based on relative merits and experience of candidates, should shortlist names for selection. The court ordered that five candidates for each post should be shortlisted. The list so prepared should be sent to the president of the State Commission who is the chairman of the selection committee for scrutiny and selection. The selection committee, which consisted of secretaries of the Civil Supplies and Law, should select candidates from the shortlist, after conducting interview, if necessary.

The court said that if the president of the State Commission was unable to take part in the selection committee meeting, the State Government should refer the matter to the Chief Justice of the High Court for nominating a sitting judge for presiding over the meeting.

Office provided

The court also directed the State Commission to provide a room with tables and chairs at the Commission's building for consumers and lawyers.

The Judge held that the State Commission and the district forums were not entitled to declare summer holidays on the pattern of High Court holidays as there had been no provision in the Act and Rules for declaring such holidays. The court said that as per the provisions of the Act, the State Commission should work on all the working days. The court said that propriety demanded that the president and members should only take leave alternately so that regular sitting of the Commission or the forums were not affected.

The court found that many of the vacancies in various district forums were yet to be filled up because of the lack of coordination between the Government and the State Commission president. The court felt that the absence of rules regarding the selection procedure would not debar the Government from adopting a fair procedure for the selection of members and presidents.

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