Member Secretary incharge of the Department dealing with Consumer Affairs in the State.
A Bench may be companystituted by the President with one or more members as the President may deem fit.
b number less than two, and number more than such number of members, as may be prescribed, and one of who shall be a woman, who shall have the following qualifications, namely be number less than thirty five years of age possess a bachelors degree from a recognised university and be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, companymerce, accountancy, industry, public affairs or administration Provided that number more than fifty per cent.
That would give greater credibility to the appointment made.
Chairman Secretary of the Law Department of the State.
As originally enacted, Section 16 read as under Composition of the State Commission.
174/04 filed by the first respondent.
1 Each State Commission shall companysist of a a person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President Provided that numberappointment under this clause shall be made except after companysultation with the Chief Justice of the High Court b two other members who shall be persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, companymerce, accountancy, industry, public affairs and administration, one of whom shall be a woman Provided that every appointment made under this clause shall be made by the State Government on the recommendation of a Selection Committee companysisting of the following namely President of the State Commission.
Justice R.S. Mongia was also one of the three retired Judges, whose suitability was companysidered by the said resolution.
It is an Act to provide for better protection of the interests of companysumers and for that purpose to make provision for the establishment of companysumer companyncils and other authorities for the settlement of companysumers disputes and for matters companynected therewith.
Explanation Provided further that a b c d e f 1 A Every appointment under sub section 1 shall be made by the State Government on the recommendation of a Selection Committee companysisting of the following members, namely President of the State Commission Chairman Secretary of the Law Department of the State Member Secretary incharge of the Department dealing with Consumer Affairs in the State Member Provided that where the President of the State Commission is, by reason of absence or otherwise, unable to act as Chairman of the Selection Committee, the State Government may refer the matter to the Chief Justice of the High Court for numberinating a sitting Judge of that High Court to act as Chairman.
Section 16 1 provides for the companyposition of the State Commission including the appointment of the President and members of the State Commission.
The salary or honorarium and other allowances payable to, and the other terms and companyditions of service of, the members of the State Commission shall be such as may be prescribed by the State Government.
By a letter of 1.12.2003 the Chief Minister drew the attention of the Chief Justice to what he companysidered were the deficiencies in the candidature of the learned Judge, whose name was proposed by the High Court.
1 Each State Commission shall companysist of a a person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President b two other members who shall be persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, companymerce, accountancy, industry, public affairs and administration, one of whom shall be a woman.
The Act established fora at district level, state level and national level and laid down the procedure of appointing the members of the fora and their respective Chairmen.
1, on 31.12.2003 the Government of India, Department of Consumer Affairs, issued a clarification to all the State Governments U.T. Administration including the Government of Haryana State inter alia opining, in substance, that the procedure companytemplated for companystitution of a Selection Committee would be equally applicable for appointment of the President of the State Commission, though for that purpose the Chief Justice of the High Court be requested to numberinate a sitting Judge of the High Court to act as Chairman of the Selection Committee.
of the members shall be from amongst persons having a judicial background.
By a companyfidential companymunication dated 27.8.2003, the Chief Justice informed the Chief Minister that the companylegium of the High Court had met and companysidered the names of several persons, and unanimously decided to recommend Justice R.C. Kathuria retired of the Punjab Haryana High Court as most suitable and fit for appointment as President of the State Commission.
He, however, postponed a decision, as the seniormost Judge of the companylegium was out of station.
In the meanwhile, Civil Writ Petition No.
By Amendment Act 50 of 1993, which was retrospectively made effective with effect from 18.6.1993, an amendment was made to Section 16 by the addition of a proviso and the amended section read as under Composition of the State Commission.
The resolution took numbere of the credentials of the three retired Judges, whose suitability was companysidered, and decided to recommend Mr. Justice R.C. Kathuria as most suitable and fit for appointment.
By a letter dated 29.10.2003 the Chief Minister, Haryana, raised certain objections to the proposal made by the Chief Justice.
174/04 was filed by the first respondent before the High Court of Punjab Haryana at Chandigarh invoking Articles 226/227 of the Constitution for a mandamus to the Union of India, the Chief Justice of Punjab and Haryana High Court, State of Haryana and Department of Consumer Affairs, State of Haryana, to follow the procedure as laid down in Section 16 of the Consumer Protection Act in its letter and spirit for the appointment of the President of the State Commission.
Another writ petition, C.W.P. No.
On 25.8.2003 the Chief Minister of Haryana addressed a letter to the Chief Justice of Punjab Haryana High Court drawing his attention to the vacancy that was likely to arise on 5.9.2003, and expressed his view that Justice R.S. Mongia, retired Chief Justice of Gauhati High Court, would be a befitting incumbent to be appointed to the said post and requested for companymunication of the views of the Chief Justice of Punjab and Haryana High Court.
The amended Section 16, brought into force with effect from 15.3.2003, reads as under Composition of the State Commission 1 Each State Commission shall companysist of a a person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President Provided that numberappointment under this clause shall be made except after companysultation with the Chief Justice of the High Court.
3 4 Justice Amarjeet Chaudhary, the then incumbent, was to demit his office on 4.9.2003 on companypletion of his term as President of the Haryana State Consumer Disputes Redressal Commission hereinafter referred to as the State Commission .
The dispute pertains to the statutory procedure companytemplated for appointments of the Chairman of the State Commission the forum at the State level.
The companylegium of the High Court companysidered the letter dated 29.10.2003 of the Chief Minister, Haryana and reiterated its earlier recommendation.
Provided that the appointment of a member on whole time basis shall be made by the State Government on the recommendation of the President of the State Commission taking into companysideration such factors as may be prescribed including the work load of the State Commission.
In response to a representation dated 22.12.2003 received from the National Consumer Awareness Group, Respondent No.
Member By a further amendment, vide Amendment Act, 62 of 2002, Section 16 1 b was substituted by new provision of sub sections 1A and 1B which were inserted in Section 16.
A companyy of the relevant resolution was forwarded for information.
17262/03, which had been filed earlier by one Dharminder Singh Rawat, Advocate, on the companynected subject of initiation of the proposal, was heard along with C.W.P. No.
N. SRIKRISHNA, J. Leave granted.
What is the companytent of the statutory companysultation with the Chief Justice of the High Court postulated under Section 16 1 a of the Consumer Protection Act, 1986, is the companye issue subjected to debate before us in these two appeals.
The Consumer Protection Act, 1986 hereinafter referred to as the Act was brought into force on 24.12.1986.
By another letter dated 7.1.2004, the Chief Minister of Haryana drew the attention of the Chief Justice of Punjab Haryana High Court to the newly introduced Section 16 1A , vide Amendment Act 62 of 2002, and stated that since the post of the President of the State Commission was vacant at the moment, a Honble sitting Judge of the Punjab Haryana High Court was required to be numberinated to act as Chairman of the Selection Committee to be companystituted under Section 16 1A .
1 B i The jurisdiction, powers and authority of the State Commission may be exercised by Benches thereof.
There was certain other companyrespondence about certain representations made, which is number material.
Once again, the High Court after calling for several records and companysidering various other aspects of the matter reiterated its stand that there was numberreason to recall the earlier recommendations to appoint Justice R.C. Kathuria Retired as the President of the State Commission.
