Arrangement for abolished Commissions

02/12/2019

The High Court last week had directed the Government to inform it about the steps taken for alternate arrangement of abolished Commissions and District Forums for both Union Territories of J&K and Ladakh in order to settle the pending cases in these Commissions and Forums after implementation of J&K Re-Organization Act 2019 on October 31. Now, the UT Government has informed the Court that it has sought advice for re-constitution of erstwhile abolished Commissions and District Consumer Forums from the Department of Law, Justice & Parliamentary Affairs under new Act. However, Division Bench of Justice Ali Mohammad Magrey and Justice D S Thakur granted two weeks' time to Government and hoped that the issue will be addressed within this time. Government has submitted a copy of order which says that department of FCS&CA on November 11 has taken up the matter with the department of LJ&PA for seeking advice regarding the issue.
The Consumer Protection Act 1987 was repealed and Consumer Protection Act 1986 has been made applicable to the UT of J&K by new enactment known as 'Consumer Protection Act, 2019. The Section 45 of new enactment provided that any person appointed as President or, as the case may be, a member of the State Commission immediately before the commencement of this Act shall hold office as such, as president or member, as the case may be till the completion of his term. All the presidents of the Redressal Commission and District Forums, who were on deputation as District Judges at Srinagar and Jammu have been repatriated to the High Court and the cases are left without Forums.
In addition, 2500 cases are closed which were pending before the State Commission. In-terms of the Government order, the records are transferred to the concerned Assistant Directors of the Department of FCS&CA. Being the position of law and in view of important public interest involved in the matter, the Governments of both UTs are under direction to inform the court about the steps taken for alternate arrangements for establishment of Commissions and District Forms so that the pending cases are settled.

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