HC Directs Nagaland Govt to provide clear timeline for consumer commission functioning

Morung Express News
Kohima | May 9 

The Kohima High Court directed the State Government on Thursday to come with definite instructions regarding the time required for the functioning of the Nagaland State Consumer Disputes Redressal Commission on May 21.

Hearing a writ petition, Justice Kakheto Sema further asked the Government Advocate to inform the Court regarding the posts required to be created against the Commission as directed in its earlier order on March 7.

In the March 7 order, the Court observed that the State Government had failed to comply with the mandate of the Consumer Protection Act, 2019. 

“For reasons best known to the Government of Nagaland, the State Consumer Disputes Redressal Commission does not appear to be lawfully constituted in accordance with the provisions of section 42 of the Consumer Protection Act, 2019,” it said.

It further observed that the State Government seems to be lacking the will to make the Commission functional by creating posts and appointing staff to assist the State Commission.

In this connection, it issued notice to the State respondents to inform the Court about the steps they were contemplating to take for the constitution of the Commission in accordance with the mandate of section 42 of the Consumer Protection Act 2019. 

The Court also asked what steps the State Government proposed to create posts and appoint staff in the Commission within the scope and ambit of the 2019 Act. 

Accordingly, it asked the Chief Secretary to file an affidavit within 4 weeks to apprise the Court of the steps taken by the State Government to make the Commission functional.

The State was also directed to respond as to by what time a permanent office of the Commission would be set up for its functioning. 

The Court made the observation and direction after learning that the State Commission is presently functioning with a President and two members, along with 7 temporary staff, and no posts have been created exclusively for the functioning of the Commission. 

The Consumer Protection Act 2019 was notified on August 9th 2019 and came into effect from July 20 2020.
Section 42 of the Act mandates the establishment of the Commission and outlines its composition, while Section 46 specifies the nature and categories of officers and other employees needed to assist the State Commission.