The Supreme Court has directed all State Governments to set up mediation cells and e-filing systems for the District and State Consumer Dispute Redressal Forums.
The Division Bench of Justice Sanjay Kishan Kaul and Justice M.M. Sundresh issued the instruction while dealing with suo-moto proceedings in "Inaction of the Government In Appointing President And Members/Staff of Districts And State Consumer Disputes Redressal Commission And Inadequate Infrastructure Across India"
The Court took into account the status report filed by Amicus Curiae which finally showed compliance and thus it appreciated the effort put in by the Counsels for the State to make sure that the States comply.
The Report in regard to vacancies of President and Members in the State and District Commission further revealed that there is lag in vaccancies due to lack of suitable candidates, absence of qualified persons, issue with pay and allowances. The Counsel has submitted that in some smaller States the cases are so limited that there is really no need to fill the vacancies created both for judicial and administrative staff. The Court sought verification of the same by the learned Amicus Curiae.
The Cousel, divided in three categories the status of vacancies of staff, i.e.:
- States/UTs. seeking exemption from creation of posts of Registrar/Joint Registrar due to low pendency of cases
- State/UTs. where posts are yet to be sanctioned
- States/UTs. that have not given any information about staffing and/or appointment of Registrars
The Court didn't appreciate non sanction of posts unless the exemption is permitted and therefore opined that the process of sanctioning must be completed within one month from today, failing which the nominated Secretary dealing with the matter would remain personally present in Court.
The Court noted that 16 States have not furnished information and therefore granted fifteen days’ time to furnish information, failing which the concerned Secretary would remain present.
The Court agreed with Learned Amicus Curiae who pointed out that if exemptions are being sought, then information must be forthcoming of the number of cases pending, the standard staffing pattern, the staffing required for those number of cases and the posts for which exemption is sought in order to enable the learned Amicus Curiae to take an objective view of the matter.
Next, with regard to Utilization Certificate, the Court remarked that the Nodal Officer flagged some issues arising from the funds made available by the Central Government.
The Court approved of the directions sought by Learned Amicus Curiae in three aspects:
a) Mediation cells have not been set up in many consumer forums. Mediation is an important, if not at times a better method of resolution of disputes and thus all States are 5 mandated to set up the mediation cells and inform the learned Amicus Curiae at least a week before the next date of hearing.
b) The e-filing system has not been implemented in some of the forums.
c) States should inform the learned Amicus Curiae in a chart form as to what progress has taken place in that behalf i.e., how many of those issues have been addressed, how much funds have been spent and how much more funds are required to complete the task
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