Supreme Court does not want the Center to be bluntly the tribunal, then the law should be abolished

Expressing displeasure over the delay in appointments to District and State Consumer Disputes Redressal Commissions, the Supreme Court on Friday said if the government does not want the tribunal, it should repeal the Consumer Protection Act. A bench of Justices SK Kaul and MM Sundaresh said it is regrettable that the apex court is being asked to review and fill up the vacancies in the tribunals.

“If the government does not want the tribunal, it should repeal the law,” the bench said. We are expanding our jurisdiction to see that the vacancies are filled. Usually we should not spend time on this and vacancies should be filled. It is unfortunate that the judiciary has been asked to look into the matter. This is not a very good situation.

The apex court is hearing the matter after taking suo moto cognizance of the inaction of the governments in the appointment of the chairman of the District and State Consumer Disputes Redressal Commission and its members/personnel and inadequate infrastructure across India.

The top court had on August 11 directed the Center to fill up the vacancies within eight weeks. The bench said the appointment process should not be affected by the Bombay High Court judgment, which struck down certain consumer protection rules.

“The process initiated by us should not be kept in abeyance,” the bench said. We are of the view that the time and process prescribed by us should continue as some of the appointments have been made and others are in advance stage.

Additional Solicitor General Aman Lekhi, appearing for the Centre, said the government was preparing to challenge the Bombay High Court order quashing certain provisions of consumer protection rules. Lekhi told the bench that the Tribunal Reform Act introduced by the Center was not violative of the apex court’s order but was in consonance with the Madras Bar Association’s decision.

However, the apex court remarked, “It seems that the bench says something and you do something else.” It seems that some kind of ban is being imposed and the citizens of the country are suffering in the process. ‘