Excelsior Correspondent
Srinagar, Jan 29: As the J&K Government today informed the court that the Government of India has framed the draft rules for functioning and reconstitution of Consumer Commissions and District Consumer Forums, the High Court has sought information about these rules from the Department of Consumer Affairs and Public Distribution J&K with regard to its concurrence.
The Division Bench of Justice Ali Mohammad Magrey and Justice D S Thakur directed the Department of CA&PD to inform it about the concurrence of these draft rules by next date in order to make operational the Consumer Commissions and District Consumer Forums in J&K.
As the matter came up for further hearing the counsel appearing for CA&PD, Sheikh Feroz (Dy AG) submitted before the DB that the department has received the draft rules from the Government of India for further course of action and concurrence of these rules and the department is under active consideration for further course of action on these rules.
After these submissions made by the counsel, Court granted him six weeks time for the same. It may be noted that all the erstwhile Commissions and Forums in J&K ceased to exist after coming into force the J&K Reorganization Act 2019 and converting the erstwhile State of J&K into two UTs. Court in view of public importance on previous hearing had directed the Central Government to finalize the issue about new rules in order to reconstitute these Commissions and Forums under the Central Government Act.
Section 43 of the Central Act provides that the Central Government may by notification make rules to provide for the qualification for appointment, method of resignation and removal of the President and Members of the State Commission.
Hearing the petition with reference to effective functioning of the erstwhile State Consumer Disputes Redressal Commission and District Consumer Forums, the Division Bench asked the appearing counsel for CA&PD to apprise the court about further course of action needed to be taken by the department about these draft rules and the procedure for appointment, term of office, resignation and removal of the President and Members of these Commissions and Forums.
Under the new Act, the persons appointed (President and Members) under the erstwhile Act which has been repealed cannot be allowed to continue to function on these Commissions in view of the repeal of the Act and consequential of the abolition of said Commissions and Forums. The process for appointment of President and Members or Consumer Disputes Redressal Forums (CDRF) can be initiated once the rules under the Central Act are notified by the Central Government.
“The Central Act provides for continuation of President and Members of these forums but the same provision is applicable to the President and members, who were appointed under the Central Act and not under the J&K Consumer Protection Act which is not in force now”, read the report of Law department.
It is in-terms of the decision of the Government on October 23 this year, the State Consumer Disputes Redressal (SCDRC) Commission and District Consumer Forums stand that closed in the winding up process as a consequence to implementation of J&K Re-Organization Act 2019 and all records pertaining to the erstwhile Commission were transferred to the Department of FCS&CA.
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