Kerala High Court allows current consumer forum members to continue till fresh appointments are made

The Kerala High Court has directed the State government to permit the incumbent President of State Consumer Disputes Redressal Commission as well as the President and members of various District Commissions to continue in their posts until fresh appointments are made. [Confederation of Consumer Vigilance Centre v. Union of India & Ors.].Justice Basant Balaji opined that this is needed as a temporary measure because vacancies in consumer commissions put ordinary citizens to hardship."The intention of the legislature in enacting the Consumer Protection Act and Rules is that the consumers’ rights are protected and if the said posts are kept vacant, it will create very hardships and injury to the common citizens who are before the Commission for Redressel of their grievances," the order stated..To this end, the President of the State Commission, the President and the Woman Member of Kottayam District Commission, the President of Kasaragod District Commission, the President of Pathanamthitta District Commission and President and member of the Kozhikode District Commission, whose terms end on various dates between February and July this year, have been allowed to continue in their respective posts till new selections are finalised..The order was passed on a petition filed by the Confederation of Consumer Vigilance Centre, which is a society consisting of a group of lawyers and citizens, intended to protect consumer interests.The plea sought orders to permit the Presidents and members of the consumer commissions, who will retire in the coming months, to continue in their respective posts till new selections are finalised.To bolster its case, the petitioner-society cited an order of the Supreme Court in The Secretary Ministry of Consumer Affairs v. Dr.Mahindra Bhaskar Limaye by which the top court had permitted Presidents and members of consumer forums in Maharashtra to continue until fresh appointments. .It was submitted on behalf of the State government that a fresh notification regarding selection to the posts is in the pipeline and will be published soon..The High Court also issued notice to the Central and State governments and directed the State government to file a counter affidavit within three weeks.The matter will be taken up next on March 25..The petitioner was represented by Senior Advocate VM Krishnakumar and Advocate PR Reena..[Read Order]