NON-IMPLEMENTATION OF SECTION 22-D OF THE CONSUMER PROTECTION ACT - 1986

CAN STATE CONSUMER DISPUTE REDRESSAL COMMISSION ISSUE DIRECTIONS IN GROSS VIOLATION OF PROVISOS CONSUMER PROTECTION ACT - 1986

 In 19 District Consumer Disputes Redressal Forum the post of President is vacant. In the absence of the post of President the District Forum is not functioning even though it has two members. The law makers of our country has predicted this situation at the time of enactment of the Consumer Protection Act has inserted Section 22-D in the Act.

SECTION 22-D of the Consumer Protection Act - 1986 read as follows :                                                     

“ when the office of President of a District Forum, State Commission or of the National Commission, as the case may be, is vacant or a person occupying such office is by the reason of absence or otherwise, unable to perform the duties of his office, these shall be performed by the senior-most member of the District, Forum, the State Commission or of the National Commission . .   ”

 On enactment of the said Act in exercise of the powers conferred, by sub-section (2) of Section 30 of the Consumer Protection Act - 1986 the Tamil Nadu Consumer Protection Rules - 1988 was  framed.

RULE 3 (7) :  of THE TAMIL NADU CONSUMER PROTECTION RULES - 1988 read as follows : -

“ where any vacancy occurs in the office of the President of the District Forum, the senior most (in order of appointment) member of District Forum, holding office for the time being shall discharge the functions of the President until a person appointed to fill such vacancy assumes the office of the President of the District Forum ”.

 Now, the District Forums in which the post of President is vacant ; and have two members ; the senior-most member of the District Forum shall discharge the functions of the President until the vacancy is filled.  The law makers has chosen the word SHALL which means it is mandatory and not optional on the part of the senior-member to discharge the said function. But, almost all District Forum is not functioning and has come to a grinding halt.  All the complaints are mechanically adjourned by these District Forum stating that the post of President is vacant, such an order cannot be passed and it is against the provisions of the Act. In case of  vacancy of the Post of President, it is mandatory as per the provisos of the C.P. Act for the senior-most member of the Forum to discharge the functions of the President along with the other member. When this  was raised, the reply from almost all the District Forum is that the Hon’ble State Commission has directed/instructed them to discharge administrative functions only.  It is rather surprising that how Hon’ble T.N. State Commission issued such directions or instruction in violation of the provision of a Central Act and Rules formed by the State Government.

Thus Section 22-D of the Consumer Protection Act - 1986 and Rule 3 (7) of the Tamil Nadu Consumer Protection Rules  - 1988 are not implemented.  Learned Members from other States can inform the procedure adopted by their State Consumer Disputes Redressal Commission.