DALEEP SINGH KAITH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This writ petition has been filed apprehending the closure of working of Himachal Pradesh State Consumer Disputes Redressal Commission, for ensuing retirement of present President on 5/4/2025, because posts of two members are already lying vacant and, therefore, after retirement of the President, the functioning of the Commission will not be possible. Therefore, prayer has been made to issue direction to continue the present President till new incumbent is appointed.

(2.) Vide Notification dtd. 15/7/2020, the Department of Consumer Affairs, notified the Consumer Protection [Qualification for Appointment, Method of Recruitment, Procedure of Appointment, Terms of Office, Resignation and Removal of the President and Members of the State Commission and District Commission] Rules, 2020 (for short 'Rules 2020').

(3.) Rule 3(2)(b), Rule 4(2)(c) and Rule 6(9) of Rules 2020, were declared arbitrary, unreasonable and violative of Article 14 of Constitution of India by Nagpur Bench of High Court of Judicature at Bombay, vide common judgment and order dtd. 14/9/2021, passed in Public Interest Litigation No.11 of 2021 and Writ Petition No.1096 of 2021.