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The Supreme Court has recently directed all State Governments to establish consumer mediation cells for the District and State Consumer Dispute Redressal Forums.

A division bench of Justice Sanjay Kishan Kaul and Justice MM Sundresh has further directed the States to incorporate e-filing systems in District and State Commissions as well.

The bench was hearing suo motu writ petition over the issue of vacant positions at the Consumer forums and the appointment of President, Members/Staff in Consumer Dispute Redressal Forums.

The bench observed that "mediation cells have not been set up in many consumer forums. Mediation is important, if not at times a better method of resolution of disputes and thus all States are mandated to set up the mediation cells and inform the learned Amicus Curiae at least a week before the next date of hearing."

In addition to this, over the issue of the status of vacancies of President & Members in the State Commission and District Commission of States/ UTs, the Status report filed by the Amicus Curie stated that the lag is occurring on account of lack of suitable candidates, absence of qualified persons as per norms which may require relaxation by the Central Government and pay and allowances is an issue which is creating an impediment in some of the persons accepting the assignment.

Over the issue of the status of staff vacancies as per the status report in regard to the States and UTs where posts are yet to be sanctioned, the bench said, "We do not appreciate the non-sanction of posts unless the exemption is permitted. Thus, 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."

Further, for the implementation of the e-filing system suggested by Amicus, the bench noted that the e-filing system to be made operational at least a week before the next date of hearing.

The present suo motu writ petition was taken up by the Top Court to deal exclusively with the issue of vacancies in the District/ State Consumer Dispute Redressal Commissions. Court had recorded in its order dated February 22, 2021 that different States had different updated timelines, while the position in some of the States, as reflected on the website, was updated till 2020, the others were left only till 2014.

Case Title: In RE: Inaction of the Governments in appointing President and Members/ Staff of Districts and State Consumer Disputes Redressal Commission and inadequate infrastructure across India