The Supreme Court on Wednesday (May 21) asked the central government to respond within three months about the possibility of setting up a permanent forum to handle consumer disputes.

A bench comprising Justices Abhay S Oka and MM Sundresh said that consumer rights are rooted in the Constitution, and therefore, there should be no reason to have temporary appointments for staff, members, and presidents of consumer forums.

"The Union of India is directed to file an affidavit on the feasibility of a permanent adjudicatory forum for consumer disputes, either in the form of a consumer tribunal or a consumer court, within a period of three months from today, on the touchstone of the constitutional mandate."

These directions were issued while hearing a petition that pointed out shortcomings in how the Consumer Protection Act, 1986, is being enforced.

The court suggested that this proposed body should consist of full-time members, including both administrative staff and presiding officers. "Such a forum shall consist of permanent members, including both staff and the Presiding officers. The Union of India may also consider facilitating sitting Judges to head the fora. The strength may be increased adequately."

While leaving it to the Centre’s discretion to introduce comprehensive reforms, the SC bench stressed the urgent need for a lasting institutional structure.

Need for security of tenure

The bench pointed out that permanent appointments at all levels — including presidents and members — could give the consumer bodies more stability.

"The security of tenure attached to an office administering justice enhances its efficiency and functionality. Any person appointed to an office with a fixed tenure would not be as motivated as one appointed on a permanent basis."

According to the court, having temporary roles may reduce the quality of decisions made, ultimately affecting consumers.

Timely and quality justice essential

The judges observed that consumers deserve timely and quality decisions from these forums. They also noted that such decisions reflect positively on the broader idea of consumer protection.

"A consumer is ideally expected to get a qualitative and timely decision from the consumer forum concerned. Such a decision is the best advertisement for the concept of consumerism. We feel that the time has come to effect a change in mindset qua revamping the tenure of office in Consumer fora."

The court added that permanent positions would help build and strengthen the idea of consumerism in the country.

The apex court encouraged detailed evaluation and appropriate action. "We may also point out that though provisions for taking action against those who have erred is part of the current legal framework, there is no clear mechanism available, similar to the one provided for under Article 227 of the Constitution. At this juncture, we deem it fit to suggest that the Union of India may consider increasing the strength of Consumer fora at all levels."