M. Piravi Perumal v. Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai
2013-07-03
N.PAUL VASANTHAKUMAR, P.DEVADASS
body2013
DigiLaw.ai
ORDER Mr. N. PAUL VASANTHA KUMAR, J. 1. The prayer in the writ petition is for a writ of mandamus directing the respondents to fill up the vacancies for the post of President and Members of the District Consumer Disputes Redressal Forum in various districts all over Tamil Nadu which are lying vacant to alleviate the grievances and hardships of the consumers at large. 2. The petitioner is an advocate. He filed this writ petition as a Public Interest Litigation to fill up the vacancies existing in the post of President and Members of the District Consumer Disputes Redressal Forum. According to the petitioner, the post of President is lying vacant in the following districts: Sl. No. Name of the District Lying vacant from 1. Madurai 7.4.2011 2. Nagapattinam 7.9.2012 3. Nagercoil 10.6.2012 4. Salem 11.9.2012 5. Theni 27.4.2012 6. Thiruvallur 25.5.2012 7. Thanjavur 12.9.2012 and the vacancies for one Member post are lying vacant in the following 15 districts: Sl.No Name of the Districts 1. Ramnad 2. Chennai (North) 3. Chennai (South) 4. Coimbatore 5. Cuddalore 6. Dindigul 7. Krishnagiri 8. Srivilliputhur 9. Sivagangai 10 Trichy 11. Thanjavur 12. Chengalpattu 13. Karur 14. Villupuram 15. Nilgiris and two members posts are vacant in the following 9 districts. Sl. No Name of the Districts 1. Madurai 2. Erode 3. Nagappattinam 4. Perambalur 5. Salem 6. Thanjavur 7. Thiruvarur 8. Thiruvannamalai 9. Vellore 3. It is the contention of the petitioner that the Selection committee has submitted a recommendation for filling up the vacancies for the post of 30 Members on 25.1.2012, to the State Commission and 19 posts of members on 22.6.2012 to fill up the posts of members of District Forum. However, orders have been issued only for 18 posts and orders are yet to be passed for filling up 24 posts and due to the non-filling up of the vacancies, the consumer disputes redressal mechanism came to a stand still in several districts. The petitioner submitted a representation on 11.2.2013 and pointed out said grievances of the public and in spite of receipt of the said representation on 21.2.2013, no action has been taken.
The petitioner submitted a representation on 11.2.2013 and pointed out said grievances of the public and in spite of receipt of the said representation on 21.2.2013, no action has been taken. As filling up of posts will strengthen the District Consumer Forum for effective adjudication of the consumer disputes raised, the respondents are bound to fill up the posts to give an effective implementation of the provisos of the Consumer Protection Act, 1986, which mandates District Forum to settle the consumer disputes within 90 days. Section 13(3A) of the Consumer Protection Act , 1986 reads as follows: “13(3A): Every complaint shall be heard as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months, if it requires analysis or testing of commodities: Provided that no adjournment shall be ordinarily granted by the District Forum unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Forum: Provided further that the District Forum shall make such orders as to the costs occasioned by the adjournment as may be provided in the regulations made under this Act. Provided also that in the event of a complaint being disposed of after the period so specified, the District Forum shall record in writing, the reasons for the same at the time of disposing of the said complaint.” Thus, the respondents are statutorily bound to fill up the vacancies for the proper functioning of the District Forum to give effect to the provisions of the Consumer Protection Act , which was enacted by parliament to promote and protect the rights of consumers, and for speedy and simple redressal of consumer disputes. 4. Considering all the above facts and circumstances, this writ petition is disposed of with a direction to the respondents to fill up all the vacant posts, as requested by the petitioner, through his representation dated 11.2.2013, within a period of three months from the date of receipt of a copy of this order. No costs. Petition disposed of.