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| HC asks CS to apprise about steps taken for functioning of SCDRC, DCF | | | Early Times Report
JAMMU, Nov 16: A Division Bench of State High Court comprising Justice Ali Mohammad Magrey and Justice Tashi Rabstan while hearing a Public Interest Litigation (PIL) regarding widening of State Consumer Disputes Redressal Commission (SCDRC) and District Consumer Forums (DCF) of Jammu and Kashmir and Ladakh, directed Chief Secretaries of the Union Territory of Jammu and Kashmir and Union Territory of Ladakh to apprise the Court about the steps taken for providing the State Commissions and District Forums for the Union Territory of J&K and Union Territory of Ladakh for disposal of the pending complaints/appeals in these Commissions/Forums within one week.
DB while directing Chief Secretaries observed that this PIL has filed for effective functioning of the erstwhile State Consumer Disputes Redressal Commission.
DB further observed that while considering this matter, Sr AAG Javid Iqbal, apprised the Court that in terms of the decision of the Government of Jammu and Kashmir notified in terms of Government order No. 1145-GAD of 2019 dated 23.10.2019 and Government order No. 103-FCS&CA of 2019 dated 24.10.2019, the State Consumer Disputes Redressal Commission and District Consumer Forums stands closed in the widening up process as a consequence to implementation of Jammu and Kashmir Re-organization Act, 2019.
DB after hearing both the sides observed that in terms of above provision of the Act, Forum /Commission as detailed out in clause a&b (A Consumer Disputes Redressal Forum to be known as "District Forum" established by the State Government in each district of the State by notification. [Provided that the state Government may, if it deems fit, establish more than one District Forum in a district;] (b) A consumer Disputes Redressal Commission to be known as "State Commission" established by the State Government in the State by notification;the Central Government by notification.)" are to be established by the State Government in the State by notification. However, in terms of clause (j) of rule 2 of the Consumer Protection Rules, 1987 the State "includes Union Territories also."
DB further observed that there being important public interest involved in the matter and directed Chief Secretaries of the Union Territory of Jammu and Kashmir and Union Territory of Ladakh shall apprise the Court about the steps taken for providing the State Commissions and District Forums for the Union Territory of J&K and Union Territory of Ladakh for disposal of the pending complaints/appeals in these Commissions/Forums within one week and for proper assistance of the Court it appointed Syed Faisal Qadri, as Amicus Curiae to be assisted by Waqar Ahmad, Advocate. --(JNF) |
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