HC directs Union and State govts to file their affidavits in PIL about permanent Regional Bench of National Consumer Commission at Nagpur

Nagpur High Court

The Division of Justice Sunil Shukre and Justice G A Sanap at the Nagpur Bench of Bombay High Court directed the Union Ministry of Consumer Affairs and Maharashtra Government to file their affidavits in response to the Public Interest Litigation (PIL) about permanent Regional Bench of National Consumer Commission at Nagpur.

The PIL was filed by the NGO Citizens Forum for Equality through its President Madhukar Ganpat Kukde and Consumer Court Advocates Association, Nagpur through its President Adv. Anuradha Deshpande.

The PIL demanded a permanent Regional Bench of National Consumer Commission at Nagpur and challenged the validity of rule 6 of the Consumer Rules 2020 made by the State Government of Maharashtra under section 102 of the consumer protection act 2019. The petitioners have also demanded that the present Members and President of Consumer Commissions be granted “extension of tenure” on the backdrop of increasing vacancies and increasing pendency of cases.

The petitioners have stated that a large number of consumers and litigants across Maharashtra are suffering due to huge pendency of cases at the National Commission and they are required to travel to New Delhi for their hearing, spending a lot of time, energy and money.

The Regional Bench/ Circuit Bench can be notified by the Central Govt u/s 53 (2) of CP Act 2019. The Petitioners have sent the representations to the central government and demanded a “permanent regional bench at Nagpur” to bring justice at the door step of the consumers in the State of Maharashtra and nearby states but the request to notify regional bench under section 53 (2) of Consumer protection act 2019 is not yet acted upon in spite of two years of new act.

The petitioners have stated that the Central Government has already constituted 17 benches of NCLT and 21 benches of CAT in India, hence for the benefit of consumers all over India Regional Benches of NCDRC must be constituted.

The petitioners have pointed out the huge pendency of 70,000 cases in all District Commissions in the State of Maharashtra and 40,000 cases in State Commission.

It was pointed out by the council for the petitioners Dr Tushar Mandlekar that Central government has failed to make new rules for appointment of the Members and President of the state commission and the District commission as directed by the High Court on September 09, 2021 and hence no appointment could be done in last two years in Maharashtra. There are 16 vacant posts of the President of District Consumer commission, and 16 posts of Members in District Commission in the entire State of Maharashtra.

Adv Dr. Tushar Mandlekar assisted by Adv. Tejas Fadnavis argued for the petitioners. Assistant Solicitor General of India Adv. Nandesh Deshpande argued for the Central Government and Adv. Khan argued for the state government. The High Court has directed the counsel for the respondents to take instructions and file reply affidavits within 4 weeks in response to the present public interest litigation.