Question : VACANCIES IN CONSUMER COURTS

(a) the details of the vacancies in various consumer courts in the country, State/UT- wise and the reasons therefor;

(b) whether retired persons from judicial services are being appointed in district consumer courts and if so, the details thereof and the reasons therefor;

(c) whether the work performance of these judges have not been found satisfactory and if so, the action taken by the Government in this regard;

(d) whether the Government proposes to fill the vacant posts in various consumer courts through open recruitment and if so, the steps taken/being taken by the Government in this regard; and

(e) whether any time limit has been fixed to dispose of the cases by the consumer courts under the Consumer Protection Act, 1986 and rules made thereunder and if so, the details thereof including the number of cases which are pending beyond the stipulated time limit and the reasons therefor?

THE MINISTER OF STATE (INDEPENDENT CHARGE) FOR CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (PROF. K. V. THOMAS)

(a) : A statement showing the State-wise vacancy position of President and Members in National Commission, State Commissions and District Fora is at Annexure. The filling up of the vacancies is an ongoing exercise undertaken by the concerned, i.e. Central and State Governments, as per the selection procedure laid down in the Consumer Protection Act, 1986.

(b)&(c): Yes, Madam. As per provisions of the Consumer Protection Act, 1986, retired persons from judicial services are being appointed as President in District Fora. The Government has received no negative report on work performance of these judges.

(d) : The Central Government fills up the vacant posts of Members in National Commission by circulating the Vacancy Circular to all concerned which include, inter-alia, Supreme Court of India ,the High Courts, National Commission, the Central Ministries/Departments and all the States/UTs. The vacancy circular is also advertised in leading English and Hindi National dailies. As per the Consumer Protection Act, 1986, the responsibility of filling up of vacant posts in State Commissions and District Fora rests with the State Governments.

(e) : According to the provisions of the Consumer Protection Act, 1986, every complaint shall be heard as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities. As on 30.04.2013, out of a total 3959454 cases filled since inception in various consumer Fora of the country, 3599034 cases stand disposed of since inception with an overall disposal rate of 90.90%, which is satisfactory within the constraints. As regards the number of cases which are pending beyond the stipulated time limit, the data is not maintained centrally.