Bombay High Court Directs Appointment of Full-Time Presidents for District Consumer Forums in Goa. Failure to appoint full-time Presidents violates the Consumer Protection Act, 1986 and defeats its objectives.

High Court: Bombay High Court Bench: GOA In Favour of Prosecution
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Case Note & Summary

The petitioner, Shri Arjun Virnodkar, filed a writ petition before the Bombay High Court at Goa seeking a direction for the appointment of a full-time President for the North Goa District Consumer Disputes Redressal Forum and the South Goa District Consumer Disputes Redressal Forum, as well as regular members for both forums. The petitioner contended that the Consumer Protection Act, 1986 does not provide for part-time Presidents and that the then Commissioner of the State Commission had recommended full-time appointments due to the pendency of matters. Despite correspondence, no action was taken. The respondents did not file a reply. The court, after hearing the counsel, noted that the objectives of the Act were being defeated by the failure to appoint full-time Presidents. The court directed the respondents to take steps to appoint full-time Presidents and regular members for both District Forums within three months from the date of the order. The petition was disposed of accordingly.

Headnote

A) Consumer Law - Appointment of President - Full-time Requirement - Consumer Protection Act, 1986 - The court considered the petitioner's contention that the Act does not provide for part-time Presidents and that the continued vacancy of full-time Presidents defeats the objectives of the Act. The court directed the respondents to take steps to appoint full-time Presidents and regular members for both District Forums within three months. (Paras 3-6)

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Issue of Consideration

Whether the failure to appoint full-time Presidents for the District Consumer Disputes Redressal Forums in North and South Goa violates the Consumer Protection Act, 1986 and defeats its objectives.

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Final Decision

The court directed the respondents to take steps to appoint full-time Presidents and regular members for both North Goa and South Goa District Consumer Disputes Redressal Forums within three months from the date of the order. The petition was disposed of.

Law Points

  • Consumer Protection Act
  • 1986
  • Appointment of President
  • Full-time vs Part-time
  • District Consumer Disputes Redressal Forum
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Case Details

2017:BHC-GOA:223-DB

WRIT PETITION NO. 534 OF 2016

2017-01-24

F. M. REIS, NUTAN D. SARDESSAI

2017:BHC-GOA:223-DB

Mr. S. N. Joshi, Mr. S. D. Lotlikar, Mr. D. Lawande, Ms. P. Kalangutkar

Shri Arjun Virnodkar

State of Goa, The Director, Department of Civil Supplies and Consumer Affairs

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Nature of Litigation

Writ petition seeking direction for appointment of full-time President and regular members for District Consumer Disputes Redressal Forums.

Remedy Sought

Direction to appoint full-time President for North Goa and South Goa District Consumer Disputes Redressal Forums and regular members.

Filing Reason

Failure of respondents to appoint full-time Presidents despite recommendations and correspondence, defeating objectives of Consumer Protection Act, 1986.

Issues

Whether the failure to appoint full-time Presidents for District Consumer Forums violates the Consumer Protection Act, 1986.

Submissions/Arguments

Petitioner argued that the Act does not provide for part-time Presidents and that the pendency of matters requires full-time appointments. Respondents did not file a reply.

Ratio Decidendi

The failure to appoint full-time Presidents for District Consumer Forums defeats the objectives of the Consumer Protection Act, 1986, and the Act does not provide for part-time Presidents.

Judgment Excerpts

It is the contention of the Petitioner that in view of the pendency of matters before the Consumer Disputes Redressal Forum the then Commissioner of the State Commission made a recommendation for full time President for both the Dispute Forums on regular basis. It was also pointed out that the Act did not provide for an appointment of President on part-time basis and, as such, such exercise was in breach of the objectives of the Consumer Protection Act, 1986.

Procedural History

The petitioner filed a writ petition before the Bombay High Court at Goa. The respondents were served but did not file a reply. The court heard the matter and passed the order on 24 January 2017.

Acts & Sections

  • Consumer Protection Act, 1986:
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High Court Bombay High Court Directs Appointment of Full-Time Presidents for District Consumer Forums in Goa. Failure to appoint full-time Presidents violates the Consumer Protection Act, 1986 and defeats its objectives.
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