IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION NO:22237 OF 2010 DATED: 22.11.2010 Between: Mr. K. Purnachander ..... PETITIONER AND The Andhra Pradesh State Consumer Disputes Redressal Commission, Eruvaka Building, Hyderabad, rep. by its Registrar .....RESPONDENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION No.22237 OF 2010 ORDER:: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed seeking to issue a writ of mandamus to declare that there is no post of Member (Judicial) under the provisions of the Consumer Protection Act, 1986, (for short, ‘the Act’) and consequently direct the respondent to issue notification inviting applications from eligible candidates to fill up the post of Member, Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad. 2. The brief facts stated are:- the petitioner claims to possess the requisite qualifications to be appointed as Member of the State Consumer Disputes Redressal Commission, Hyderabad. The respondent issued a notification dated 11-8-2010 inviting applications from the retired District Judges to fill up the post of Member (Judicial) in State Consumer Disputes Redressal Commission, Hyderabad. On coming to know that one of the member who is having judicial background is retiring, the petitioner seems to have made a representation under Right to Information Act seeking information and procedure for appointment of a Member of the Commission as per the provisions of the Act and the rules framed thereunder. The Public Relation Officer of the Commission office furnished information to the petitioner that the qualification for appointment as a Member of the Commission is as specified in Section 16 (1) (ii) of the Act and Rule 6 (a) of the Rules framed thereunder. It is the case of the petitioner that nowhere in the provisions contemplate appointment of a Member (Judicial) requiring to appoint a retired District Judge. It is also stated that the impugned notification restricting the recruitment only from among the retired District Judges to fill up the post of Member (Judicial) is illegal and contrary to the provisions of the Act. Hence, this writ petition. 3. Heard Sri G. Vidya Sagar, learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. 4. Composition of the State Commission is dealt under Section 16 of the Act, the relevant portion thereof reads thus:- “16 Composition of the State Commission-----(1) Each State Commission shall consist of--- (a) a person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President: Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of the High Court; (b) not less than two, and not more than such number of members, as may be prescribed, and one of whom shall be a woman, who shall have the following qualifications, namely:--- (i) be not less than thirty-five years of age; (ii) possess a bachelor's degree from a recognized university; and (iii) be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration: Provided that not more than fifty per cent of the members shall be from amongst persons having a judicial background. Explanation-- For the purposes of this clause, the expression "persons having a judicial background" shall mean persons having knowledge and experience for at least a period of ten years as a presiding officer at the district level court or any tribunal at equivalent level: Provided further that a person shall be disqualified for appointment as a member, if he--- (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or (b) is an un-discharged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or (d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or (e) has, in the opinion of the State Government, such financial or other interest, as is likely to affect prejudicially the discharge by him of his functions as a member; or (f) has such other disqualifications as may be prescribed by the State Government. (1A) Every appointment under sub-section (1) shall be made by the State Government on the recommendation of a Selection Committee consisting of the following members, namely:-- (i) President of the State Commission-Chairman; (ii) Secretary of the Law Department of the State- Member; (iii) Secretary in charge of the Department dealing with Consumer Affairs in the State—Member: Provided that where the President of the State Commission is, by reason of absence or otherwise, unable to act as Chairman of the Selection Committee, the State Government may refer the matter to the Chief Justice of the High Court for nominating a sitting Judge of that High Court to act as Chairman. (1B) (i) The jurisdiction, powers and authority of the State Commission may be exercised by Benches thereof. (ii) A Bench may be constituted by the President with one or more members as the President may deem fit. (iii) ……… (2)……… (3)………. (4)……..” 5. A bare reading of the above provision it is clear that the proviso provides that the State Commission shall consist of a person who is or has been a Judge of a High Court, appointed by the State Government, after consultation with the chief Justice of the High Court, as its President. Clause (b) of sub-section (1) of Section 16 provides for appointment of members from amongst the persons of ability, integrity and standing and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration. The intention of the legislature in allowing persons having adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration is obviously and with a view to address the multifarious grievances of the consumers in the society. 6. In that context it is relevant to note the statement of objects and reasons for enacting the law reads thus:- "statement of objects and reasons.- The Consumer Protection bill, 1986 seeks to provide for better protection of the interests of consumers and for the purpose, to make provision for the establishment of Consumer councils and other authorities for the settlement of consumer disputes and for matter connected therewith. 2. It seeks, inter alia, to promote and protect the rights of consumers such as---(a) the right to be protected against marketing of goods which are hazardous to life and property; (b) the right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices; (c) the right to be assured, wherever possible, access to an authority of goods at competitive prices; (d) the right to be heard and to be assured that consumers interests will receive due consideration at appropriate forums; (e) the right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers; and (f) right to consumer education. 3. These objects are sought to be promoted and protected by the consumer Protection Council to be established at the Central and State level. 4. To provide speedy and simple redressal to consumer disputes, a quasi-judicial machinery is sought to be set up at the district, State and Central levels. These quasi-judicial bodies will observe the principles of natural justice and have been empowered to give relief of a specific nature and to award, wherever appropriate, compensation to consumers. Penalties for non- compliance of the orders given by the quasi-judicial bodies have also been provided. 5. The Bill seeks to achieve the above objects. " 7. Keeping the aforesaid purpose in view, Section 16 (1) (b) (iii) of the Act is to be appreciated. The said provision requires a Member to have qualifications which pertain to possessing of knowledge and experience for at least ten years in dealing with the problems relating to economics, law, commerce, accountancy, industries, public affairs or public administration. One cannot expect a person to be appointed as Member to expertise should have the qualifications in all the fields. The proviso to Section 16 (1) (b) (iii) speaks of appointment of Members having judicial background upto and not more than fifty per cent. It is not the case of the petitioner that Members from judicial background have exceeded this quota and the notified post squarely falls well within the limit imposed for filing up members with judicial background. It is also stated that present strength of members of the Commission is only four and the post now notified is to fill up 2nd post earmarked for retired judicial officers in the cadre of district Judges. Section 16 of the Act underscores the importance of the role of a member with judicial background in deciding complex questions of law. Though under definitions stated in Section 2 (1) (jj) of the Act the term “member” includes the President and a member of the National Commission or a State Commission or a District Forum, in our view the President cannot be reckoned as member for the purpose of identifying the member strength. 8. On the above analysis, we do not find any merit in this writ petition and the writ petition is accordingly dismissed. No costs. ___________________________ GHULAM MOHAMMED, J _____________________ N. RAVI SHANKAR, J Dated: 22-11-2010 Nrg