Excelsior Correspondent
Srinagar, June 4: High Court has sought information from the authorities on the functioning of District Consumer Disputes Redressal Forums in Jammu and Kashmir.
It may be noted that with the winding up of various commissions in erstwhile J&K after implementation of J&K Re-Organization Act 2019 in the year 2019, the Consumer Disputes Redressal Commission (CDRC) and District Consumer Forums were also closed leaving the grievances of consumers in lurch.
However, the Government counsel today informed the court that the DCDRFs have been set up in various districts and the selection of members of these forums is also under consideration of the Government. The division bench of Chief Justice Pankaj Mithal and Justice D S Thakur after this information sought status of functioning of these forums.
It is noted that the Chief Justice in January this year appointed Justice Tashi Rabstan as Chairperson of the Selection Committee for appointment and removal of President and members of Consumer Redressal Commission and District Commissions in the J&K UT.
In this regard a communication from the office of Registrar General was addressed to Secretary Law, Justice and parliamentary Affairs Department informing him that the Chief Justice has been pleased to nominate Justice Tashi Rabstan to Chair the Selection Committee in terms of the consumer protection rules of 2020 for appointment, method of recruitment, procedure of appointment, terms of office, resignation and removal of the President and Members of the State Commission and District Commissions.
With the winding up of CDRC and district Consumer Forums the Central Consumer Protection Act and notifying of rules by the Central Government in this regard have come up into force in order to settle the pending cases in these Commissions and Forums as also paving way for the consumers to register fresh grievances before Commission and Forums.
The instant Public Interest Litigation is pending with reference to effective functioning of the erstwhile State Consumer Disputes Redressal Commission. Since the Central Consumer Protection Act has come into force and the rules have also been notified by the Central Government now the appointment of judges and members is to be made by the approval of committee to make the Commission and forums functional.
It is in-terms of the decision of the J&K UT Government on October 23 in the year 2019 had directed for closure of the erstwhile State Consumer Disputes Redressal (SCDRC) Commission and District Consumer Forums due to implementation of J&K Re-Organization Act 2019 and all the staff posted in the said commission was asked to report to their concerned administrative departments for their repatriation to their respective departments with immediate effect. All records pertaining to the erstwhile J&K SCDRC was transferred to the Department of FCS&CA for records.
The large number of consumer disputes which were pending disposal before the erstwhile Redressal Commission and District Forms of J&K and Ladakh were transferred to the Consumer Department and is in-terms of Table-3 of J&K Re-Organization Act, the Consumer Protection Act stands repealed and in terms of the schedule fifth and the Central Consumer Protection Act came to be applicable to both the UTs.
Ministry of Consumer Affairs, Food and Public Distribution vide its notification has put the qualification for president and members of the State Commission and District Commissions.
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