STATE OF UTTAR PRADESH THROUGH PRINICIPAL SECRETARY & ORS versus ALL U.P. CONSUMER PROTECTION BAR ASSOCIATION

Summary

In continuing proceedings on consumer-forum infrastructure, the Supreme Court directed State Governments to frame rules in accordance with the Union’s Final Draft Model Rules under the 1986 Act. The Court also sought action and status reports concerning NCDRC staffing, additional space and proposed salary-rule amendments. It accepted the course of State adoption rather than waiting for proposed new consumer legislation, and retained the matters for further hearing.

Issues

1. How uniform model rules for consumer fora should be implemented while proposed new legislation remained pending.
2. What further action and reporting were required on NCDRC infrastructure and service conditions.

Provisions considered

• Section 30(2), Consumer Protection Act, 1986The Court directed States to exercise their rule-making powers in accordance with the Union’s Final Draft Model Rules accepted by counsel for the parties. (¶¶ 7, 8)

Held

• The accepted implementation route was State adoption of the Final Draft Model Rules through appropriate rules under Section 30. The exercise was to be completed within three months, with the order sent to Chief Secretaries of States and Union Territories for compliance. (¶¶ 7, 8)
• The Union was requested to consider the NCDRC’s additional staffing requirements, including the remaining 153 of 204 proposed additional posts, and apprise the Court of action taken at the next hearing. (¶ 7)
• The Court stressed the urgent shortage of storage and adjudicatory space, noted the request for 37,249 additional square feet, and expected the Union’s decision to be reported at the next hearing. (¶ 7)
• The status of proposed amendments concerning NCDRC President and Members’ salaries, honorarium and allowances, which had been referred for Finance Ministry concurrence, was also to be reported. A compliance status report was required at the next hearing. (¶ 7)

Result

Directions issued for State model-rule adoption and NCDRC infrastructure and service-condition reporting. Matters listed for 28 August 2018; proceedings not finally disposed of.