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Effective Implementation Of Consumer Protection Act: SC Asks Centre To Frame Model Rules And Regulations [Read Order]

Ashok K.M
15 Dec 2017 11:55 AM GMT
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The Supreme Court has directed the Central government to file a comprehensive status report within six weeks, indicating compliance of its earlier direction to frame model rules relating to administration, selection and appointments of members, infrastructure etc., at all levels of the consumer fora constituted under the Consumer Protection Act, 1986.

The three-judge bench, on November 21 last year, had issued certain directives to the Union Government observing that a systemic overhaul of the entire infrastructure was necessary if the Consumer Protection Act, 1986, is not to become a dead letter. Read the Live Law report.

The bench had issued the following directives:

  • The Union Government shall for the purpose of ensuring uniformity in the exercise of the rule-making power under Section 10(3) and Section 16(2) of the Consumer Protection Act, 1986, frame model rules for adoption by the state 4 governments. The model rules shall be framed within four months and shall be submitted to this Court for its approval;

  • The Union Government shall also frame within four months model rules prescribing objective norms for implementing the provisions 24 of Section 10(1)(b), Section 16(1)(b) and Section 20(1)(b) in regard to the appointment of members, respectively, of the district fora, state commissions and National Commission;

  • The Union Government shall, while framing the model rules, have due regard to the formulation of objective norms for the assessment of the ability, knowledge and experience required to be possessed by the members of the respective fora in the domain areas referred to in the statutory provisions mentioned above. The model rules shall provide for the payment of salary, allowances and for the conditions of service of the members of the consumer fora commensurate with the nature of adjudicatory duties and the need to attract suitable talent to the adjudicating bodies. These rules shall be finalized upon due consultation with the President of the National Consumer Disputes Redressal Commission, within the period stipulated above;

  • Upon the approval of the model rules by this Court, the state governments shall proceed to adopt the model rules by framing appropriate rules in the exercise of the rule making powers under Section 30 of the Consumer Protection Act, 1986;

  • The National Consumer Disputes Redressal Commission is requested to formulate regulations under Section 30A with the previous approval of the Central Government within a period of three months from today in order to effectuate the power of administrative control vested in the National Commission over the State Commissions under Section 24(B)(1)(iii) and in respect of the administrative control of the State Commissions over the District fora in terms of Section 24(B)(2) as explained in this Judgment to effectively implement the objects and purposes of the Consumer Protection Act, 1986.

“We request Mr Maninder Singh, learned ASG to assist this Court in formulating appropriate directions to ensure that proper infrastructure is made available at all levels of the consumer fora across the country,” the bench headed by Chief Justice of India Dipak Misra said.

The court also has observed that the committee headed by Dr Justice Arijit Pasayat filed its report on March 4, 2017, and it has completed its task.

The court has now posted the matter on January 30, 2018, to consider the implementation of directives issued last year.

Read the Order Here

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