CIVIL WRIT PETITION NO. 19389 OF 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: November 18, 2008. Parties Name G.D. Gupta ..PETITIONER VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Mr. H.C. Arora, Advocate, for the petitioner Mr. Rameshwar Malik, Addl. A.G., Haryana, for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? T.S.THAKUR, CHIEF JUSTICE (oral) JUDGMENT This writ petition, filed in public interest, prays for a mandamus directing the respondents to finalise appointments to the posts of Presidents and Members for District level Consumer Fora for Hisar, Kurukshetra, Panipat and YamunaNagar. In response to the notices, issued by this Court, the respondents CIVIL WRIT PETITION NO. 19389 OF 2008 -2- have filed a counter affidavit, in which it is stated that Presidents of District Consumer Fora at Kurukshetra and Hisar have already been appointed on November 7, 2008, while the antecedents of the candidates, selected for appointments as Presidents of District Consumer Foras at Panipat and YamunaNagar are being checked. In so far as Members of the District Fora are concerned, the affidavit states that while Mohinder Kumar Malik and Smt. Bhim Kaur Chhilar have joined as Members of District Fora , Panipat, Shri Pyare Lal Chauhan and Smt. Krishna Kanta selected as Presidents of District Forum, Hisar, have also been appointed and have joined their respective places of posting. There are, according to the affidavit, only two vacancies of Members, one each in Districts Kurukshetra and YamunaNagar, for which the competent authority, i.e., President, State Consumer Disputes Redressal Commission, Haryana, has to take appropriate steps to initiate the process of selection. Mr. Arora, counsel for the petitioner, submits that the District Foras, mentioned earlier, have remained non-functional for the past about six months on account of negligence of the respondent – State in making proper and timely appointments. He submits that this Court could direct the respondents to avoid such situations in future by taking proper action well in time so that Consumers, who approach the District Fora for relief do not suffer any inconvenience or prejudice. It is evident that there has been a delay in the appointment of Presidents of the District Foras, mentioned earlier, which could be avoided if the authorities had taken care to initiate the process of appointment well in time. Mr. Arora's grievance that the delay has caused inconvenience and may be repeated in future if the Court does not direct the respondents to CIVIL WRIT PETITION NO. 19389 OF 2008 -3- take timely action in the matter cannot, therefore, be brushed aside legally. The State authorities, including the Presidents of the Consumer Disputes Redressal Commission, Haryana, may, therefore, look into the matter and initiate timely action as and when any vacancy is due to occur in any District Fora anywhere in the State of Haryana, to prevent a situation where a legally established Forum available for grant of relief to the consumer public becomes dysfunctional only on account of official lethargy or apathy. Having said that, we are of the view that there is no purpose in keeping the present writ petition pending before us as the appointment to the post of Presidents of the District Foras have already been made or shall be made within reasonable time as two of the candidates have already joined while antecedents of the remaining two are being investigated. Even the Members have been appointed in the District fora , wherever the vacancies were available except two, for which purpose, the authorities need to take appropriate action well in time so that the functioning of the District Fora is not effected adversely. With the above observations, this writ petition is disposed of leaving the parties to bear their own costs. ( T.S.THAKUR) CHIEF JUSTICE (JASBIR SINGH) November 18, 2008. JUDGE DKC