SC directs states to set up mediation cells in consumer forums

The bench comprising Justice Sanjay Kishan Kaul and Justice MM Sundresh was hearing a matter regarding the inaction of the governments in appointing president and members and staff of district and state consumer disputes redressal commission and inadequate infrastructure across India.

New Delhi: The Supreme Court has directed all the states to set up mediation cells in consumer forums and operationalise e filing system. "Mediation is important, if not at times a better method, of resolution of disputes and thus all states are mandated to set up the mediation cells. Similarly, a direction is given for the e-filing system to be made operational within the aforesaid time period...” the order dated April 12 said.

The bench comprising Justice Sanjay Kishan Kaul and Justice MM Sundresh was hearing a matter regarding the inaction of the governments in appointing president and members and staff of district and state consumer disputes redressal commission and inadequate infrastructure across India.

The court was informed that vacancies of president and members in the state commission and district commissions of states and UTs was "due to lack of suitable and qualified persons as per the norms which may require relaxation from the central government and pay and allowances". Some states also submitted that the number of cases is so limited that filling vacancies were not required. For such a situation, the court asked the states to furnish data to the Amicus Curiae in the case who would then analyse the genuineness.

Amicus Curiae in the case, Gopal Sankarayanan told the court that different issues of infrastructure up-gradation have been flagged in the status report submitted in pursuance of the court order dated August 11, 2021, according to data from states and Union Territories. "We do not appreciate the non-sanction of posts unless the exemption is permitted. Thus, the process of sanctioning must be completed within one month from today, failing which the nominated secretary dealing with the matter would remain personally present in the court," ordered the court.

The court observed that since funds have been made available, the states should inform the Amicus Curiae what progress has taken place, how many of those issues have been addressed, how much funds have been spent and how much more funds are required to complete the task. "The states who want an exemption from the sanctioning of posts would have to communicate to the Amicus Curiae and in case he opines that posts are needed and there cannot be any exemption, then the states would have to sanction the posts within a month from the date of communication by the amicus curiae," the court observed.

Infrastructure issues due to lack of funds were also pointed out on which the Court said that since the funds are made available now, the states will be submitting progress reports to the Amicus Curiae. The matter will be heard again on July 26.