JUDGMENT : S. Manikumar, J. 1. Secretary of Coimbatore Consumer Voice, has filed the instant writ petition for a Mandamus, directing the respondents herein to establish and conduct State Level and District Level Consumer Protection Council as per Section 7 and 8(A) of the Consumer Protection Act, 1986. 2. Referring to Sections 7 and 8A of the Consumer Protection Act, 1986 Mr. A. Edwin Prabakar, learned counsel for the petitioner submitted that there should be a State Consumer Protection Council and District Consumer Protection Council and as per the statutory provisions, regular meetings have to be conducted not less than two meetings in a year. He further submitted that Government of Tamil Nadu have amended Tamil Nadu Consumer Protection Rules, 1988 and issued G.O.Ms.Nos. 167 and 168, Co-operation, Food and Consumer Protection (H2) Department dated 27.10.2009, by which, composition of official and non official members of State and District councils, have been notified. 3. In respect of voluntary consumer organisations, Government have also issued G.O.Ms.No.389, Co-operation, Food and Consumer Protection Department dated 28.12.1988, wherein the Chief Secretary, Government of Tamil Nadu, Chennai, the 1st respondent, has directed all the Secretaries to Government, Heads of Departments / Government undertakings concerned with Consumer affairs to organise regular meetings with the leading voluntary (non-governmental / consumer organizations (not less than four meetings in a year) so as to enable these organizations to represent their grievances / suggestions / recommendations, for better recognition of the Consumer Protection Act, and the rules framed thereunder. 4. Attention of this Court was also invited to the letter No.140/H2/2001 dated 05.01.2006 wherein, the Secretary to the Government, Co-operation, Civil Supplies and Consumer Protection Department, Government of Tamilnadu, the 2nd respondent, has observed that most of the departments are not conducting meetings as per the directions of the Government in G.O.Ms.No.389, Co-operation, Food and Consumer Protection Department dated 28.12.1988 and further directed the District level officers to conduct quarterly meetings. 5. Reference was also made to a letter dated 18.06.2010 of the Principal Secretary / Commissioner, Civil Supplies and Consumer Protection, Chennai, 3rd respondent, issued to all the District Collectors to arrange and conduct meetings, as per the directions in G.O.Ms.Nos. 167 and 168, Co-operation, Food and Consumer Protection (H2) Department dated 27.10.2009 and to submit the annual report about the meetings. 6. 167 and 168, Co-operation, Food and Consumer Protection (H2) Department dated 27.10.2009 and to submit the annual report about the meetings. 6. Petitioner has contended that meetings are not conducted as per the directions of the Government and therefore, he submitted an application dated 09.11.2017 under the Right to Information Act, 2005 to the Public Information Officer, Civil Supplies and Consumer Protection Department, Chennai. Petitioner has also contended that meetings have not been conducted by the State Council from 2013 to 2017. He has further contended that District Consumer Council meetings are not conducted. Therefore, petitioner has submitted another representation dated 08.01.2018 to the respondents to conduct the State and District Consumer Protection council meetings, respectively, as per Sections 7 and 8A of the Consumer Protection Act, 1986 and vide letter dated 24.05.2018, Commissioner, Civil Supplies Department, has sent a reply to the petitioner stating that action has been taken and documents sought for have to be obtained. District collectors have been advised to conduct the District Council meetings. 7. Contending inter alia that duties enjoined on the State and District Consumer Council to conduct the meetings have not been discharged, instant writ petition is filed for the above stated relief. 8. Status report filed on behalf of the respondents, is extracted. "It is submitted that the petitioner Thiru.N.Logu, S/o.K.V.Nachimuthu, Hindu, aged about 48 years, having office at No.77, Opp. Medical College, Avinashi Road, Coimbatore 641 014 has filed this Writ Petition No.W.P.26186/2018 seeking to issue a Writ of Mandamus directing the respondents herein to establish and conduct State level and District Level Consumer Protection Council as per Section 7 and 8(A) of the Consumer Protection Act, 1986 and pass such further or other orders deem fit. It is submitted that the Government accord high importance for the welfare of the consumers and implements many schemes mainly for the welfare of the consumers which is being monitored by Civil Supplies and Consumer Protection Department and entrusted the monitoring of Consumer Welfare Schemes by the Department. Government of India, periodically allocate funds for consumer oriented programs and State Government also contributed sizable quantum of state funds for welfare of the consumers. Government of India, periodically allocate funds for consumer oriented programs and State Government also contributed sizable quantum of state funds for welfare of the consumers. It is submitted that Tamil Nadu is a pioneer state in the implementation of the schemes for consumer protection and it has been adjudged by Government of India that for Consumer Affairs Tamil Nadu is one of the Best State in implementing the consumer oriented and awareness programms. 1. Celebrating World/National Consumer Day 2. Conducting Seminars on Consumer Welfare Activities 3. Grievance Redressal mechanism through Help line. 4. Consumer Awareness through Monthly Magazine “Nugarvor Kavasam”. It is submitted that in this State, by the earnest effort of the State government and civil supplies and consumer protection department, consumers have been encourages and they have formed 135 Voluntary Consumer Organizations in the state level which are actively involved in consumer welfare activities of consumers. To create awareness among consumers Citizen Consumer Club (CCC) has been created most of the Schools and Colleges functioning in the State. Funds are being provided to the Citizen Consumer Club to conduct various programs for creating awareness among the consumers and Voluntary Consumer Organisations functioning in the district concerned are guiding these Citizen Consumer Clubs in conducting consumer welfare programs. It is submitted that in addition to this, District Level and State Level Quarterly Voluntary Consumer Organizations Meeting on a specific subject and the concerned department officials are being invited and the problems reported by the voluntary consumer organizations are being discusses and solutions are being worked out with assistance of the department officials concerned from the year 2013-17. 10 meetings have been conducted at district level in each District and 16 meetings at state level. To substantiate this the minutes of the meeting in respect of state level meeting for the year 2017 have been compiled and annexed in annexure. Likewise, minutes of the meeting conducted in districts have been annexed. It is submitted that in respect of G.O.MS.No.167, G.O.MS.No.168 and G.O.MS.No.389 it is submitted that these Government Orders have been issued for the constitution of state level and district level consumer council as stipulated in Sec (7) and 8A of the Consumer Protection Act, 1986. Government have constituted state level council in the year 2009 and meeting of that Council was held on 21.07.2010 and copy of minutes of the meeting is also annexed as annexure II. Government have constituted state level council in the year 2009 and meeting of that Council was held on 21.07.2010 and copy of minutes of the meeting is also annexed as annexure II. As the validity of the council constituted has lapsed in the year 2012, efforts were taken to reconstitute the committee. As Government of India have advised to the State Government to include the Officials from the following departments in the State level and District Level Consumer Protection Council. 1. BIS/FCI (Bureau of Indian Standard/Food Corporation of India) 2. Telecom (BSNL) 3. Transport (Railways/Civil Aviation/Shipping) 4. Health 5. Rural Development 6. Power 7. Public Works 8. Education 9. Social Justice 10. Information and Broadcasting (Field Publicity/All India Radio/Door Darshan/Directorate of Advertising and Visal Publicity) 11. Agriculture 12. Panchayatraj 13. Forest and Environment 14. Urban Development 15. Science and Technology It is submitted that the departments concerned were addressed to provide the details of the officials from their department for inclusion in the council. The details of the officials in respect of Railways, Rural Development and Panchayatraj, All India Radio and Door Darsan have not been received and have been reminded to provide the details of the officers list. In addition to this as local body representations are also to be included. It is submitted that the claim of the petitioner is incorrect and based on imagination. It is submitted that government had issued order in G.O.Ms.389, CF&CP Department, dated 28.12.1988 to conduct regular quarterly Voluntary Consumer Organisations meeting at district and state level. So that, the Voluntary Consumer Organizations can represent grievances, suggestions recommendations for appropriate follow up action. Accordingly, periodically Quarterly Voluntary Consumer Organisations meeting are being conducted at State Level and District Level regularly. A particular topic relating to consumer problem is selected for discussing in the meeting and concerned department officials with all Voluntary Consumer Organisations are being invited for meeting and grievances pointed out by the Voluntary Consumer Organisations are being discussed with concerned department officials in the meeting and grievances are being redressed. Minutes of the Meeting have been provided as Annexure. It is submitted that, when almost all the Voluntary Consumer Organisations from the state are attending and putting forth their suggestions, the petitioner associations skip many of the meeting and now claim that they are more interested in consumer welfare. Minutes of the Meeting have been provided as Annexure. It is submitted that, when almost all the Voluntary Consumer Organisations from the state are attending and putting forth their suggestions, the petitioner associations skip many of the meeting and now claim that they are more interested in consumer welfare. It is submitted that if the petitioner organization is really interested in consumer welfare they would have attended the Voluntary Consumer Organisations meeting without fail. Hence, it is clear that for getting publicity they have filed the Public Interest Litigation. It is submitted that for ensuring better welfare of consumers, government have issued G.O.Ms.No.389 CF&CP Department dated 28.12.1988 for periodical conduct of quarterly Voluntary Consumer Organisations meeting at district and state level. Quarterly Voluntary Consumer Organisations meetings are convened by CF&CP Department as a selected consumer problem related subject, the Voluntary Consumer Organisations and officials from the concerned department are being invited and the grievances discussed with the officials concerned and grievances redressed. Minutes of the such meeting conducted at state level are provided as annexure. Similarly, District Level meeting are conducted by the Collectors and minutes of the such meeting provided as annexure. As an example, to other state the Government of Tamil Nadu have allocated 1.21.5 hectare of land to the CONCERT, Voluntary Consumer Organisations (G.O.Ms.No.80, Revenue [LD-4(1)] Department, dated 15.03.2013 is annexed as annexure-III), and for establishing food testing Lab at Sholinganallur Village and also provided funds for Construction of building. The Voluntary Consumer Organisations can test the quality of the food items which are the major consumer health oriented issues and proceed against the persons concerned, if any deficiencies are found in the result. Hence, Tamil Nadu is one of the best Consumer welfare oriented state in the Country. It is submitted that the Government of Tamil Nadu has established a State Consumer Helpline at Chepauk, in the Commissionerate of Civil Supplies and Consumer Protection Department with an exclusive land line number 044/2859 2828 and websites for online consumer complaints also with dedicated personal to follow the consumer complaints with official concerned. Such a well oriented Consumer Redressal mechanism is being maintained in the state. A brochure explaining the procedure followed in consumer helpline is provided in Annexure. It is submitted that in addition to this State a Monthly Magazine in the name of “Nugarvor Kavasam” creating consumer awareness is being circulated in every month. Such a well oriented Consumer Redressal mechanism is being maintained in the state. A brochure explaining the procedure followed in consumer helpline is provided in Annexure. It is submitted that in addition to this State a Monthly Magazine in the name of “Nugarvor Kavasam” creating consumer awareness is being circulated in every month. Almost many of the Voluntary Consumer Organisations and Citizen Consumer Clubs are sending their inputs and that inputs are being published in monthly magazines are provided in Annexure. It is pertinent to submit that the petitioner representing a voluntary consumer organization is in the habit of not attending such Voluntary Consumer Organisations meeting and now claims he is interested in consumer welfare. He is frequent absentee of the Voluntary Consumer Organisations meeting conducted by the Commissioner of Civil Supplies and Consumer Protection whereas almost all the Voluntary Consumer Organisations from the State list are attending the meeting and actively debating the consumer issues. In petitioners own district Coimbatore also meeting particulars for the years 2013-2018 are enclosed. Now, an inactive person representing a Voluntary Consumer Organisation claims he is more interested in consumer welfare which is totally incorrect. He has filed this Public Interest Litigation is only for purpose of the publicity since, he could not compete with other Voluntary Consumer Organisation, since they are really interested in the consumer welfare and petitioner only interested in publicity not in consumer welfare. Hence it is humbly submitted that the Hon'ble High Court may pleased to consider this submission and this Writ Petition may accordingly be disposed. " 9. In addition to the above, attention of this Court was also invited to the letter dated 24.04.2017 of the Additional Secretary to the Government, Co-operation, Food and Consumer Protection Department, Chennai, addressed to the Commissioner of Civil Supplies and Consumer Protection, Chennai, by which the latter has been requested to confirm as to whether, some of the departments / ministries are having field offices in the State of Tamil Nadu. Learned counsel for the petitioner also drew the attention of this Court to the letter, in RC No.Noo.Pa2/31000/2012 dated 10.07.2018 addressed to the Chief Secretary to the Government, Co-operative, Food and Consumer Protection Department, Chennai, by which the Additional Secretary to the Government, Co-operation, Food and Consumer Protection Department, Chennai, has submitted that certain departments have field offices in the state of Tamil Nadu, and others do no have and that a consolidated report would be sent later. 10. Mr. T.N. Rajagopalan, learned Government Pleader further submitted that though, there was no periodical meetings of the State / District Council, yet, the grievances of the voluntary consumer organisations have been addressed by the District Collectors in each Districts. He admitted that State Council has not met after 2012. 11. Heard the learned counsel for the parties and perused the materials available on record. 12. Sections 7 and 8A of the Consumer Protection Act, 1986 reads thus. 7. The State Consumer Protection Councils: (1) The State Government may, by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Consumer Protection Council (hereinafter referred to as State Council). (2) The State Council shall consist of the following members, namely :— (a) the Minister in-charge of consumer affairs in the State Government who shall be its Chairman; (b) such number of other official or non-official members representing such interests as may be prescribed by the State Government. (c) Such number of other official and non-official members, not exceeding ten, as may be nominated by the Central Government. (3) The State Council shall meet as and when necessary but not less than two meetings shall be held every year. (4) The State Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government.] 8A. The District Consumer Protection Councils: (1) The State Government shall establish for every district, by notification, a council to be known as the District Consumer Protection Council with effect from such date as it may specify in such notification. The District Consumer Protection Councils: (1) The State Government shall establish for every district, by notification, a council to be known as the District Consumer Protection Council with effect from such date as it may specify in such notification. (2) The District Council shall consist of the following members, namely :— (a) The Collector of the district (by whatever name called), who shall be its Chairman; (b) such number of other official or non-official members representing such interests as may be prescribed by the State Government. (c) Such number of other official and non-official members, not exceeding ten, as may be nominated by the Central Government. (3) The District Council shall meet as and when necessary but not less than two meetings shall be held every year. (4) The District Council shall meet at such time and place within the district as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government.] 13. Objects of the State Council as per Section 8 is hereunder. 8. Objects of the State Council.-. The objects of every State Council shall be to promote and protect within the State the rights of the consumers laid down in clauses (a) to (f) of section 6. 14. Objects of the District Council as per Section 8B of the Act is extracted. 8. Objects of the District Council.-. The objects of every District Council shall be to promote and protect within the District the rights of the consumers laid down in clauses (a) to (f) of section 6. 15. In exercise of the powers conferred under sub section 2 of Section 30 of the Consumer Protection Act, 1986, the Government of Tamil Nadu have framed the Tamil Nadu Consumer Protection Rules, 1987 and that the same have been published vide G.O.Ms. No.879, Food and Consumer Protection dated 13.06.1988. 16. Government have issued G.O.Ms.No.167, Co-operation, Food and Consumer Protection (H2) Department dated 27.10.2009, amending the Tamilnadu Consumer Protection Rules, 1988 and the same reads thus. ABSTRACT Acts and Rules - Tamil Nadu Consumer Protection Rules, 1988 - Amendment – orders – Issued. Co-operation, Food and Consumer Protection (H2) Department G.O.(Ms.) No.167 Dated: 27.10.2009 “TAMIL” Read: From the Commissioner of Civil Supplies and Consumer Protection, Chennai 600 005 letter Rs.No.CP2/401/2008, dated 02.04.2008. ABSTRACT Acts and Rules - Tamil Nadu Consumer Protection Rules, 1988 - Amendment – orders – Issued. Co-operation, Food and Consumer Protection (H2) Department G.O.(Ms.) No.167 Dated: 27.10.2009 “TAMIL” Read: From the Commissioner of Civil Supplies and Consumer Protection, Chennai 600 005 letter Rs.No.CP2/401/2008, dated 02.04.2008. ORDER: The appended Notification will be published in the next issue of the Tamil Nadu Government Gazette. 2. The Works Manager, Government Central Press is requested to send two hundred copies of the Gazette in which the said Notification is published to the Secretary to Government, Cooperation, Food and Consumer Protection Department, Chennai 600 009, immediately. (BY ORDER OF THE GOVERNOR) K. SHANMUGAM PRINCIPAL SECRETARY TO GOVERNMENT. To The Works Manager, Government Central Pres, Chennai-79. (for publication in the Tamil Nadu Government Gazette) The Commissioner of Civil Supplies and Consumer Protection, Chennai 600 005. The Registrar, State Consumer Disputes Redressal Commission, Chennai 600 004. The President, National Consumer Disputes Redressal Commission, New Delhi. The Secretary to Government of India, Ministry of Consumer Affairs, Food and Public Distribution, Department of Consumer Affairs, New Delhi, All departments of Secretariat, Chennai-9. The Law Department, Chennai 600 009. All District Consumer Disputes Redressal Forum. All District Collectors. The cooperation, Food and Consumer Protection Department, Chennai 600 009.(All Sections) //Forwarded/By order// SECTION OFFICER. 17. Amended Rules, as per the abovesaid Government order are extracted. APPENDIX NOTIFICATION In exercise of the powers conferred by sub-section (2) of section 30 of Consumer Protection Act, 1986 (Central Act 68 of 1986), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Consumer Protection Rules, 1988:- AMENDMENTS. In the said Rules,- 1. in rule 2,- (1) after clause (c), the following clause shall be inserted, namely:- “(cc)” District Council” means the District Consumer Protection Council established a district under sub-section (1) of section 8A of the Act,” 1. after clause (i), the following clause shall be inserted, namely:- “(ii) “State Council” means the Consumer Protection Council for the State of Tamil Nadu established under sub-section (1) of section 7 of the Act,” 2. after rule 9, the following rules shall be added, namely;- “10. after clause (i), the following clause shall be inserted, namely:- “(ii) “State Council” means the Consumer Protection Council for the State of Tamil Nadu established under sub-section (1) of section 7 of the Act,” 2. after rule 9, the following rules shall be added, namely;- “10. Composition of official and non-official members of the state Council under clause (b) of sub-section (2) of section 7,- (1) The State Council shall consist of the following official members and non-official members under clause (b) of sub-section (2) of section 7, namely:- (a) Official Members:- (ii) The Secretary to Government, Health and Family Welfare Department, Chennai – 600 009. (iii) The Secretary to Government, Transport Department, Chennai – 600 009. (iv) The Secretary to Government, Industries Department, Chennai – 600 009. (v) The Secretary to Government, Housing and Urban Development Department, Chennai – 600 009. (vi) The Secretary to Government, Municipal Administration and Water Supply Department, Chennai – 600 009. (vii) The Secretary to Government, Higher Education Department, Chennai – 600 009. (viii) The Secretary to Government, School Education Department, Chennai – 600 009. (ix) The Commissioner of Civil Supplies and Consumer Protection Department, Chepauk, Chennai – 600 005. (b) Non-official Members:- (i) Fifteen representatives from the Trade Industry and Service Sector nominated by the Chairman. (ii) Twenty representatives of Voluntary Consumer Organizations nominated by the Chairman (iii) Two Members of Parliament to be nominated by the State Government (iv) Two Members of Tamil Nadu Legislative Assembly to be nominated by the State Government (v) Two Chairmen of District Panchayats to be nominated by the State Government. 2. The term of office of the non-official members of the State Council shall be for a period of three years. 3. A non-official member of the State Council may, by writing under his hand and addressed to the Chairman of the State Council, resign from his membership in the State Council. Any vacancy in the case of non-official member caused by resignation or otherwise, shall be filled, from the persons belonging to the same interest to which the member belonged, by the Government of Tamil Nadu and such person shall hold office so long as the member whose place he fills would have held office. 4. The Government of Tamil Nadu may, after giving reasonable opportunity, remove any non-official member of the State Council at any time. 4. The Government of Tamil Nadu may, after giving reasonable opportunity, remove any non-official member of the State Council at any time. The vacancy so caused shall be filled in as indicated in sub-rule (3). 11. Procedure for meeting of the State Council:-The State Council shall observe the following procedure in regard to the transaction of its business, namely:- (a) The meeting of the State Council shall be presided over by the Chairman. In the absence of the Chairman, the State Council shall elect a member from among themselves to preside over that meeting of the Council. (b) Every meeting of the State Council shall be called by giving notice of not less than ten days in writing to every member. (c) Every notice of a meeting of the State Council shall specify the place, date and hour of the meeting and shall contain the statement of business to be transacted thereat. (d) No proceedings of the State Council shall be invalid merely by reason of existence of any vacancy in or any defect in the establishment of the Council (e) The State Council may require the presence of any officer of the Government of Tamil Nadu or the Central Government at its meeting as special invitee on any subject of importance to consumers. 12. Allowances to Members to attend meetings of the State Council:-The State Consumer Protection Council is classified as First Class Committee. The non-official members of the Committee are permitted to avail the daily Allowance / Travelling allowance for attending the meeting as per the orders issued by the Government in Finance Department then and there. The Members of Parliament and the Members of Legislative Assembly are eligible to draw the Daily Allowance / Travelling Allowance admissible to them as per the orders issued by the Lok Sabha Secretariat the Tamil Nadu Legislative Assembly Secretariat for attending the Council meetings. 13. Composition of official and non-official members of the District Council under clause (b) of sub-section (2) of section 8-A:- The District Council shall consist of the following official and non-official members under clause (b) of sub-section (2) of section 8A, namely:- (a) Official Members:- Sl. No. Name of Department District Other than Chennai Chennai District 1. Revenue Department District Revenue Officer -- 2. Civil Supplies and Consumer Protection Department District supply and Consumer Protection Officer Deputy Commissioner Consumer Protection Officer, (Chennai North and Chennai South 3. No. Name of Department District Other than Chennai Chennai District 1. Revenue Department District Revenue Officer -- 2. Civil Supplies and Consumer Protection Department District supply and Consumer Protection Officer Deputy Commissioner Consumer Protection Officer, (Chennai North and Chennai South 3. Cooperative Department Regional Joint Registrar Cooperative Societies Joint Registrar (Public Distribution system) I and II Chennai 4. Public Health and Preventive medicine Department Deputy Director Joint Director 5. Department of Drugs Control Inspector of Drugs Control Joint Director of Control 6. Department of Medical Services Deputy Director Joint Director 7. Department of Legal Metrology Inspector of Labour Controller of Metrologoy 8. Transport Department Regional Transport Officer Deputy Commissioner of Transport Department 9. Industries and Commerce Department Assistant Director Joint Director 10. Police Department Deputy Superintendent of Police Deputy Commissioner of Police 11. Municipal Administration Department Regional Director Additional Director, Municipal Administration 12. Town and Country Planning Department District Assistant Director Representative of Chennai Metropolitan Development Authority 13. Town Panchayat Assistant Director Joint Director 14. Corporation / Municipality Corporation / Municipality Health Officer Chennai Corporation Officer 15. Tamil Nadu Electricity Board Superintendenting Engineer Chief Engineer, Tamil Nadu Electricity Board 16. Tamil Nadu Water Supply and Drainage Board Superintendenting Engineer Chief Engineer Chennai Metroplolition Water Supply and Drainage Board. 17. Transport Corporation Regional Branch Manager, Tamil Nadu Government Transport Corporation Managing Director, Chennai Metropolitan Transport Corporation 18. Oil Corporation Regional Managers Indian Hindustan /Bharat Oil Corporation Chief Regional Managers Indian/Hindustan/Bharat Oil Corporation 19. Bharat Sanchar Nigam Limited District Manager Assistant General Manager (Public Grievances) 20. Railways Regional Manager Joint Director (Public Grievances) 21. Bureau of Indian Standard Regional Director Deputy Chief Director (b) Non-Official Members Sl. No. District other than Chennai Chennai District 1. Members of Parliament and Members of Tamil Nadu Legislative Assembly of the District Member of Parliament and Members of Tamil Nadu Legislative Assembly of the District 2. Two representatives of Traders Association nominated by the Chairman Two representatives of Traders Association nominated by the Chairman 3. Four representatives of Registered Voluntary Consumer Organisation nominated by the Chairman Four representatives of Registered Voluntary Consumer Organisation nominated by the Chairman 4. Four representatives from the leaders of the Self Help Group Block Federation nominated by the Chairman 2. The term of office of the non-official members of the District Council shall be for a period of three years. 3. Four representatives from the leaders of the Self Help Group Block Federation nominated by the Chairman 2. The term of office of the non-official members of the District Council shall be for a period of three years. 3. A non-official member of the District Council may, by writing under his hand and addressed to the Chairman of the District Council, resign from his membership in the District Council. Any vacancy in the case of non-official members caused by resignation or otherwise, shall be filled, from the persons belonging to the same interests to which the member belonged, and such person shall hold office so long as the member whose place he fills would have held office. 4. The Government of Tamil Nadu may, after giving reasonable opportunity, remove any non-official member of the District Council at any time. The vacancy so created shall be filled in as indicated in sub-rule (3). 14. Procedure for meeting of the District Council:-The District Council shall observe the following procedure in regard to the transaction of its business, namely:- (a) The meeting of the District Council shall be presided over by the Chairman. In the absence of the Chairman, the District Council shall elect a member from among themselves to preside over that meeting of the Council. (b) Every meeting of the District Council shall be called by giving notice of not less than ten days in writing to every member. (c) Every notice of a meeting of the District Council shall specify the place, date and hour of the meeting and shall contain the statement of business to be transacted thereat. (d) No proceedings of the District Council shall be invalid merely by reason of existence of any vacancy in or any defect in the establishment of the District Council (e) The District Council may also request the presence of any other district level officer as a special invitee at any meeting of the District Council based on the issue of importance to consumers from time to time. 15. Allowances to Members to attend meetings of the District Council:-The District Consumer Protection Council is classified as Second Class Committee. The non-official members of the Committee are permitted to avail the Daily Allowance / Travelling allowance for attending the meeting as per the orders issued by the Government in Finance Department then and there. 15. Allowances to Members to attend meetings of the District Council:-The District Consumer Protection Council is classified as Second Class Committee. The non-official members of the Committee are permitted to avail the Daily Allowance / Travelling allowance for attending the meeting as per the orders issued by the Government in Finance Department then and there. The Members of Parliament and the Members of Legislative Assembly are eligible to draw the Daily Allowance / Travelling Allowance admissible to them as per the orders issued by the Lok Sabha Secretariat the Tamil Nadu Legislative Assembly Secretariat for attending the Council meetings. 18. In G.O.Ms.No.168, Co-operation, Food and Consumer Protection (H2) Department dated 27.10.2009, Government have issued orders reconstituting State Consumer Protection Council / District Consumer Protection Council and the same reads thus. ABSTRACT Consumer Protection Act, 1986 - State Consumer Protection Council / District Consumer Protection Council - Reconstitution of - Orders - issued. Co-operation, Food and Consumer Protection (H2) Department G.O.(Ms.No.168 Dated: 27.10.2009 “TAMIL” Read: 1. G.O.(Ms.) No.616, Cooperation, Food and Consumer Protection Department, dated 05.11.1993. 2. G.O.(Ms.) No.148, Cooperation, Food and Consumer Protection Department, dated 22.5.2002. 3. From the Commissioner of Civil Supplies and Consumer Protection, letter Rc.No.CP2/44100/2005, dated 13.4.2006, 12.03.2009 and 29.05.2009. ORDER : In the Government Order first read above orders have been issued to constitute the District Consumer Protection Council under the Consumer Protection Act, 1986 (Central Act 68 of 1986), to discuss all matters relating to Consumer Protection and Public Distribution System and suggest appropriate measures for improving the system and in the Government Orders second read above, the State Consumer Protection Council has been established under the Consumer Protection Act, 1986 (Central Act 68 of 1986) with effect from 5.11.1993 and 22.05.2002 respectively. In his letter 3rd read above, the Commissioner of Civil Supplies and Consumer Protection has sent proposals to the Government for reconstitution of the State and District Consumer Protection Council. 2. The Government hereby order the reconstitution of the State Consumer Protection Council consisting of official and non-official members with Hon'ble Minister for Cooperation, Food and Consumer Protection as its Chairman and Secretary to Government, Cooperation, Food and Consumer Protection Department as its Member Secretary and the same to reconstitute the District Consumer Protection Council consisting of official and non-official members with concerned District Collector as its Chairman. 3. 3. The tenure of the State and District Consumer Protection Council and District Consumer Protection Council shall be three years on and from the date of notifying in the Tamil Nadu Government Gazette and it shall meet not less than twice in a year at such time and place as the Chairman may decide. The object of the Council is to promote and protect the rights of the consumers laid down in clauses (a) to (f) of Sections 6 of the Consumer Protection Act, 1986 within the State and within the District. 4. The Government direct that the State Consumer Protection Council reconstitute para 2 above shall be a First Class Committee and the District Consumer Protection shall be a Second Class Committee for the purpose of drawal of Travelling Allowance and Allowance to the non-official members. The Travelling Allowance bills of non-official members shall be paid from out of the State funds. The Commissioner of Civil Supplies and Consumer Protection is hereby authorized to draw an amount of Rs.10,000/- (Rupees Ten Thousand only) as advance and make payment to non-official members in cash on the day of meeting itself to adjust the amount by presenting necessary adjustment Travelling allowance bills when meeting is over. The Government, further delegate the above powers to draw and disburse the amount of Daily Allowance and Travelling Allowance to non-official members of the Consumer Protection Council to the Commissioner of Civil Supplies and Consumer Protection, Chennai - 600 005. The District Collectors are authorized to draw and disburse the Travelling Allowance and Daily Allowance of the non-official members of the District Consumer Protection Council. 5. The expenditure shall be debited to the following Head of Account:- STATE CONSUMER PROTECTION COUNCIL:- "3456-00-Civil Supplies - 001 Direction and Administration - 1 Non-Plan-AA Headquarters -04. Travel Expense 01. Tour Travelling Allowances" (D.P.Code 3456 00 001 AA 0413) DISTRICT CONSUMER PROTECTION COUNCIL:- "3456-00-Civil Supplies - 001 Direction and Administration - 1 Non-Plan-AB District Establishment-04. Travel Expenses 01. Tour Travelling Allowances" (D.P.Code 3456 00 001 AB 0411) 6. The Notification I and II appended to this order shall be published in English Tamil Nadu Government Gazette and in Tamil in all the District Gazettes. The Malayalam version will also be published in the District Gazettes of Kanyakumari, Tirunelveli and Districts. Six copies of the Notifications are sent to the Tamil Development, Endowments and Information (Translation) Department. The Notification I and II appended to this order shall be published in English Tamil Nadu Government Gazette and in Tamil in all the District Gazettes. The Malayalam version will also be published in the District Gazettes of Kanyakumari, Tirunelveli and Districts. Six copies of the Notifications are sent to the Tamil Development, Endowments and Information (Translation) Department. That Department is requested to forward immediately the Tamil and Malayalam version of the Notifications to the Manager, Government of Central Press, Chennai - 600 079, who is requested to arrange immediate publication in the District Gazette concerned. 7. The Works Manager, Government Central Press, Chennai - 600 079 is requested to send two hundred copies of the English Notification of the Government and the Commissioner of Civil Supplies and Consumer Protection, Chennai - 600 005. 8. This order issues with the concurrence of Finance Department vide its U.O.No.60112/CF&CP/2009 dated 21.10.2009. (BY ORDER OF THE GOVERNOR) K. SHANMUGAM PRINCIPAL SECRETARY TO GOVERNMENT 19. Rule 10 of the amended rules speak about the composition of official and non-official members of the State Council under Clause 'b' of the sub section 2 of Section 7. Rule 11 of the Tamilnadu Consumer Protection Rules, 1988 sets out the procedure for the meeting of the State Council. 20. Similarly, Rule 13 of the Tamilnadu Consumer Protection Rules, 1988 speaks about the composition of official and non official members of the District Council, under Clause 'b' of sub section 2 of Section 8A of the Act. Rule 14 of the said rules deals with the procedure for the meeting of the District Council. 21. As per Rules 10 (2) and 13 (2) of the Tamil Nadu Consumer Protection Rules, the term of office of non official members of the State / District Council shall be a period of three years. 22. Mr. T.N. Rajagopalan, learned Government Pleader contended that the term of the non official members, expired in 2012 and that efforts have been taken to reconstitute the council. In this regard, he invited the attention of this Court to the letters dated 24.04.2017 and 10.07.2018, stated supra. 23. Material on record discloses that earlier in 2011, vide ROC No.84/10 E6 dated 21.07.2011, District Collector, Coimbatore has issued a Gazette notification for establishment of the District Consumer Protection Council. Gazette notification contains the details of the official and non official members. 24. 23. Material on record discloses that earlier in 2011, vide ROC No.84/10 E6 dated 21.07.2011, District Collector, Coimbatore has issued a Gazette notification for establishment of the District Consumer Protection Council. Gazette notification contains the details of the official and non official members. 24. Commissioner, Civil Supplies and Consumer Protection Department, Chennai, 3rd Respondent, has issued a circular dated 31.01.2014 to all the District Collectors / Deputy Commissioner (City) North / South, with a copy marked to the Consumer Protection activists, and also to the writ petitioner, Secretary, Coimbatore Consumer Voice, and the same reads thus. “TAMIL” 25. Further instructions have been issued, vide circular dated 10.08.2017 by the Commissioner, to all the District Collectors and Deputy Commissioner (City) North / South, with a copy marked to the Secretary to Government, Co-operative, Food, Civil Supplies and Consumer Protection Department, Chennai. On the application dated 09.11.2017 filed under the Right to Information Act, 2005 the Public Information Officer / Deputy Commissioner-2, Civil Supplies and Consumer Protection, Chennai, has offered the following details vide R.C.No.Noo.Pa2/21927/2017 dated 12.12.2017 and the same is extracted hereunder. “TAMIL” 0070 Other Administrative Services - 60 Other Services – 118 Receipts under Right to Information Act, 2005 -AA-Collection of Fees Under Right to Information (Fees) Rules 2005” (DPC 0070 60 118 AA 0005) “TAMIL” (TABLE) 26. Similar details were also furnished by the Public Information Officer, District Civil supplies and Consumer Protection Officer, to the petitioner in RC No.2651/2017/Ki-6 dated 21.12.2017, which are extracted. “TAMIL” (TABLE) 27. Thus, from the above it is manifestly evident that after the expiry of the tenure of the non official members i.e. in 2012, Government have not reconstituted the State Consumer Council with inclusion of non-official members. So also at the District level, the District Collectors, being the Chairman of the District Council, have not reconstituted the District level Consumer Council, with the inclusion of non official members. As per the statement of the learned Government Pleader, State council did not meet after 2012. In the Districts, only the District Collector is stated to be receiving representations from the voluntary consumer protection councils and address the issues. Participation of the non official members, is absent from 2012 onwards, in both the councils. 28. As per the statement of the learned Government Pleader, State council did not meet after 2012. In the Districts, only the District Collector is stated to be receiving representations from the voluntary consumer protection councils and address the issues. Participation of the non official members, is absent from 2012 onwards, in both the councils. 28. Object of the State / District Consumer Councils is to protect within State / Districts, the rights of the consumers as laid down in Clauses (a) to (f) of Section 6 of the Act and the object of the Consumer Protection Act, 1986 is to provide for proper protection of the interest of consumers and for that purpose, provisions have been made for establishment of Consumer Councils and other authorities for the settlement of consumers disputes and for matters connected therewith. Clauses (a) to (f) of Section 6 of the Act, is as under: 6. The objects of the Central Council shall be to promote and protect the rights of the consumer such as,— (a) the right to be protected against the marketing of goods 3[and services] which are hazardous to life and property; (b) the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be, so as to protect the consumer against unfair trade practices; (c) the right to be assured, wherever possible, access to a variety of goods and services at competitive prices; (d) the right to be heard and to be assured that consumers’ interests will receive due consideration at appropriate forums; (e) the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and (f) The right to consumer education. 29. As per Rule 10(3) of the amended Tamil Nadu Consumer Protection Rules, 1988, a non official member of the State Council may, by writing under his hand and addressed to the Chairman of the State Council, resign from his membership in the State Council. Any vacancy in the case of non-official member caused by resignation or otherwise, shall be filled, from the persons belonging to the same interest to which the member belonged, by the Government of Tamil Nadu and such person shall hold office so long as the member whose place he fills would have held office. Any vacancy in the case of non-official member caused by resignation or otherwise, shall be filled, from the persons belonging to the same interest to which the member belonged, by the Government of Tamil Nadu and such person shall hold office so long as the member whose place he fills would have held office. There is a similar rule for the District council in Rule 13 (3) of the amended Tamil Nadu Consumer Protection Rules, 1988 30. Further, as per Rules 11(d) and 14(d) of the Tamilnadu Consumer Protection Rules, 1988, no proceedings of the State / District Council shall be invalid merely by reason of existence of any vacancy in or any defect in the establishment of the Council. 31. When both the State / District Council are in existence, with official members, who are in majority, there is no reason as to why meetings of the State / District Council, have not been conducted, as per the statute to ventilate the grievances of the Consumers. There should be a participation of official members from various departments, and representatives of the registered voluntary consumer organisations, to be nominated by the Chairman of the State / District Council, respectively. 32. There is no reason as to why the Chairman of the State / District Council, respectively, has not filled up the vacancies from 2012 onwards, in respect of traders association / registered voluntary Consumer organisations / leaders of Small Help Group Blocks Federation, except to state that details have been called for from the respective departments. Except transport (railways / shipping / civil aviation) Bharat Sansar Nigam Limited, Oil Corporation, Bureau of Indian Standards, rest of the members of the State / District Council are from the State / Municipal administrations / Electricity Board / Corporation / Municipality / Panchayat, etc. Official members of the State / District Council are designated officers. When such be the case, there is no reason as to why State / District Councils, did not conduct any meeting with the existing official members who are in majority. Barring few, all other members in the State / District councils are designated officers. Even in the case of Oil Corporation, Bharat Sansar Nigam Limited, Bureau of Indian Standards, representatives are only designated officers and therefore, there is no need to address even the above said departments for fresh nomination. 33. Barring few, all other members in the State / District councils are designated officers. Even in the case of Oil Corporation, Bharat Sansar Nigam Limited, Bureau of Indian Standards, representatives are only designated officers and therefore, there is no need to address even the above said departments for fresh nomination. 33. Requirement of having a field officer, in the respective departments from whom official members have been included in State /District Committees, is not a major issue, because the designated officer of each department, is duty bound to carry out the decisions of the District / State level committees, through their respective offices. 34. State / District level committee is stated to be defunct from 2012. As per the Scheme of Act, and the rules framed thereunder, State / District Councils, should conduct periodical meetings. 35. Having regard to the objects of the Consumer Protection Act, 1986 presence of the representatives of the Traders Association, Registered voluntary Consumer organisations, Self Help Group Block Federation, are mandatory and thus, the statute has been enacted and rules, framed. There should be active participation of official and non-official members in State / District Councils. 36. Keeping in mind the objects of the Act, we hereby direct the Government to reconstitute the State Consumer Council with inclusion of the non-official members in terms of provisions of Consumer Protection Act, 1986 and Government orders, stated supra. 37. Similarly, Chairmen of the District Councils, the District Collectors, shall also reconstitute the District Consumer Council with inclusion of non official members, by issuing appropriate notification, including non-official members. 38. State Government / District Collectors shall nominate the non official members within five weeks from today. State / District Council has not met for six years from 2012. In the light of the statutory provisions, we direct the State / District Consumer Protection Council to conduct a meeting within one month from today, subject ofcourse, to the statutory notice as per Tamilnadu Consumer Protection Rules, which requires, 10 days notice by the State / District Councils, as the case may be. It is made clear that meeting should be conducted periodically, as per the Act and that the objects of the Consumer Protection Act, are achieved. Writ petition is ordered, accordingly. No Costs. 39. Post for compliance on 23.11.2018.