SAJAG UPBHOKTA SHAKTI SANGTHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FACTS giving rise to this public interest litigation under Article 226 of the Constitution of India lie in a very narrow compass.

(2.) THE petitioner -Society known as Sajag Upbhokta Shakti Sangthan, Jaipur is a voluntary Consumer Association registered under the Societies Registration Act. It is alleged that the object of the Society is to protect the interest of the consumers and highlight their grievances for getting due relief under the Consumer Protection Act, 1986 hereinafter to be referred to as the Act. Under Section 9(b) of the Act the Consumer Disputes Redressal Commission has to be established which is known as State Commission, through Notification and a Consumer Disputes Redressal Forum has also to be established in every district by the State Government under Section 9(a) of the Act. It has been averred that under the Act of 1986 the Consumer Disputes Redressal Commission for the State of Rajasthan was constituted on May 26, 1988 vide Government notification dated 26th May, 1988. The tenure of the Chairman and the Members of the Commission expired on 13th December, 1993 and thereafter no State Commission has been functioning according to the allegations made by the petitioner contained in the petition. It was also alleged that District Forum of Jaipur has been functioning with only one member for last two years and the other member has not been appointed as provided under Section 10 of the Act. It has also been alleged that large number of cases have complied up before the District Forum and the consumers are not getting relief speedily, which amounts to denial of justice and the purpose for which the Act was enacted is being frustrated.

(3.) AS far the Constitution of the State Commission is concerned, it has been averred in the counter affidavit that after expiry of the earlier Commission, Hon'ble Mr. Justice N.C. Sharma (retired) has been appointed as President of the State Commission vide Notification dated 21.9.1994. Apart from Mr. Justice N.C. Sharma, two other members namely, Shri J.P. Mathur and Dr. Mrs. Foroza Bano have also been appointed as Members of the State Commission vide Notification dated 15.4.1994. It has been averred in the reply that the term of one of the Members Mr. J.P. Mathur expired on 12.1.1995.