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Supreme Court - Daily Orders

State Of U.P. Through Principal ... vs All U.P. Consumer Protection Bar ... on 8 September, 2015

Bench: T.S. Thakur, Kurian Joseph

                                                     1


     ITEM NO.101                              COURT NO.2                 SECTION XI

                               S U P R E M E C O U R T O F           I N D I A
                                       RECORD OF PROCEEDINGS

     Civil Appeal             No(s).    2740/2007

     STATE OF U.P. & ORS                                                 Appellant(s)

                                                    VERSUS

     ALL U.P. CONSUMER PROTECTION BAR ASS.               Respondent(s)
     (With appln. For permission to file compliance affidavit and may
     refer to remarks and impleadment and office report)
     WITH

     W.P.(C) No. 164/2002
     (With Office Report)


     Date : 08/09/2015 This appeal was called on for hearing today.


     CORAM :
                         HON'BLE MR. JUSTICE T.S. THAKUR
                         HON'BLE MR. JUSTICE KURIAN JOSEPH


     For Appellant(s)                  Mr.   Rajesh Kumar Maurya, Adv.
                                       Mr.   Gaurav Dhingra,Adv.
                                       Mr.   Ashutosh Kumar Sharma, Adv.
                                       Mr.   Rajesh Maurya, Adv.

                                       Mr. V. N. Raghupathy,Adv.


     For Respondent(s)                 Mr.   P.S.Patwalia, ASG,
                                       Mr.   S.Wasim A.Qadri, Adv.
                                       Mr.   Gaurav Sharma, Adv.
                                       Mr.   R.S.Nagar, Adv.
                                       Mr.   S.S.Rawat, Adv.

                                       Mr.Jagjit Singh Chhabara, Adv.
                                       Mr. Ajay Pal,Adv.
Signature Not Verified
                                       Mr. Arun K. Sinha,Adv.
Digitally signed by
Shashi Sareen
Date: 2015.09.11
09:36:17 IST
Reason:
                                       Mr. Avijit Bhattacharjee,Adv.

                                       Mr. Balaji Srinivasan,Adv.
            2

Mr. B. V. Balaram Das,Adv.

Mr. D. S. Mahra,Adv.

Mr. Gunnam Venkateswara Rao,Adv.

Mr. C.D.Singh, Adv.
Mr. Sunny Chaudhary, Adv.
Mr. Sandeepam Pathak, Adv.

Mr. Khwairakpam Nobin Singh,Adv.

Mr. Kuldip Singh,Adv.

Mr. Naresh K. Sharma,Adv.

Mr. Pradeep Misra,Adv.

MR. Atul Jha, Adv.
Mr. Sandeep Jkha, Adv.
Mr. Rajesh Srivastava,Adv.

Mr. Ranjan Mukherjee,Adv.

Mr. Ravindra Kumar,Adv.

Mr. R. Gopalakrishnan,Adv.
Mr. R. Sathish,Adv.

Mrs. Anil Katiyar,Adv.

Mr. Krishnanand Pandey, Adv.
Mr.Amrendra Kumar Choubey, Adv.

Mr. S. Srinivasan,Adv.

Mr. T. Harish Kumar,Adv.

Mr. Tushar Bakshi,Adv.

Mr. V. G. Pragasam,Adv.
Mr. Prabu ramasubramanian, Adv.

M/s Arputham Aruna & Co.,Adv.

Ms. C. K. Sucharita,Adv.

Mr. Navnit Kumar, Adv.
Ms. Deepika Singh, Adv.
M/s Corporate Law Group,Adv.
                                                3



                              Mr. K.V.Jagdishvaran, Adv.
                              Ms. G. Indira,Adv.

                              Ms. Hemantika Wahi,Adv.

                              Ms. Sandhya Goswami,Adv.

                              Mr. T. V. Ratnam,Adv.

                              Mr.   Ashok Kumar Singh, Adv.
                              MR.   Sapaam Biswajit Meiti, Adv.
                              Mr.   Z.H.Isaac Haiding, Adv.
                              Mr.   S.Vijayanand Shaarma, Adv.


               UPON hearing the counsel the Court made the following
                                  O R D E R

The Registrar, National Consumer Disputes Redressal Commission has filed an affidavit pursuant to our Order dated 30.07.2015. The Affidavit enumerates the nature and extent of deficiencies in terms of infrastructure and staff available to the National Commission, State Consumer Disputes Redressal Commissions and the District Consumer Disputes Redressal Fora in different States throughout the country. It also enumerates the disparity in terms of service conditions of those serving in such State Commissions and District Fora. A reading of the affidavit leaves that much to be desired in terms of the facilities and the infrastructure which the Central Government and the State Government are providing to their respective Commissions and Fora. Appropriate directions for filling up of the vacancies rationalisation of the service, conditions of the staff and 4 adequate space and other infrastructural requirements therefore need to be issued especially when all such deficiencies are seriously affecting the administration of justice by the Consumer Commissions and Fora at different levels which are meant to be substitutes for regular civil courts in matters relating to consumer disputes. The situation on a prima facie basis appears to be totally unsatisfactory to say the least. The reason behind the current scenario primarily appears to be continued indifference and apathy on the part of the State Governments and to an extent on the part of the Central Government. We were in that view inclined to issue appropriate directions without any waste of time but for the fact that Mr. P.S.Patwalia, learned ASG who is assisting us in this matter as Amicus Curiae suggests that we ought to do so only after we have given an opportunity to the Central Government to respond to the report received from the National Commission.

We accordingly request Mr. Maninder Singh, learned ASG to accept notice on behalf of the Government of India, take instructions as to the deficiencies and the infrastructural and other requirements of the National Commission and the State Commissions and Fora and file his response within two weeks from today. A copy of the affidavit filed by the Registrar of the National Commission shall be furnished to Mr. Maninder Singh by the Registry. Compilation of the earlier orders in this appeal and the 5 connected writ petition relevant to the issue arising for consideration shall also be furnished to Mr. Patwalia and Mr. Maninder Singh by the Registry.

Post on 22.09.2015.

(Shashi Sareen)                                            (Veena Khera)
  AR-cum-PS                                                 Court Master