- (1.) A common question arises in these Petitions. The said question is as under : "Whether the President of a District Forum constituted under Section 10 of the Consumer Protection Act, 1986 is eligible to seek reappointment for another term of five years -
(2.) The Consumer Protection Act, 1986 (for short "the said Act") provides for establishment of Consumer Disputes Redressal Agencies. Section 9 provides for establishment of three agencies. The Section reads thus : "9. Establishment of Consumer Disputes Redressal Agencies. There shall be established for the purposes for this Act, the following agencies, namely: (a) a Consumer Disputes Redressal Forum to be known as the "District Forum" established by the State Government [* * *] in each district of the State by notification: [Provided that the State Government may, if it deems fit, establish more than one District Forum in a district;] (b) a Consumer Disputes Redressal Commission to be known as the "State Commission" established by the State Government [* * *] in the State by notification; and (c) a National Consumer Disputes Redressal Commission established by the Central Government by notification."
(3.) Section 10 deals with the composition of the District Forum which reads thus : "10. Composition of the District Forum. (1) Each District Forum shall consist of, (a) a person who is, or has been, or is qualified to be a District Judge, who shall be its President; [(b) two other members, one of whom shall be a woman, who shall have the following qualifications, namely: (i) be not less than thirtyfive years of age. (ii) possess a bachelor's degree from a recognised university. (iii) be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating of economics, law, commerce, accountancy, industry, public affairs or administration: Provided 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; (b) is an undischarged 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 subsection (1) shall be made by the State Government on the recommendation of a selection committee consisting of the following, namely: (i) the President of the State Commission Chairman; (ii) Secretary, 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.] [(2) Every member of the District Forum shall hold office for a terms of five years or up to the age of sixtyfive years, whichever is earlier: Provided that a member shall be eligible for reappointment for another term of five years or up to the age of sixtyfive years, whichever is earlier, subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in clause (b) of subsection (1) and such reappointment is also made on the basis of the recommendation of the Selection Committee: Provided further that a member may resign his office in writing under his hand addressed to the State Government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in subsection (1) in relation to the category of the member who is required to be appointed under the provisions of subsection (1A) in place of the person who has resigned: Provided also that a person appointed as the President or as a member, before the commencement of the Consumer Protection (Amendment) Act, 2002, shall continue to hold such office as President or member, as the case may be, till the completion of his term.] (3) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of the members of the District Forum shall be such as may be prescribed by the State Government. [Provided that the appointment of a member on wholetime basis shall be made by the State Government on the recommendation of the President of the State Commission taking into consideration such factors as may be prescribed including the workload of the District Forum.] 1 Subs. by Act 50 of 1993, S. 8 (w.e.f. 1861993). 2 Subs. by Act 62 of 2002, S. 6 (w.e.f. 1532003). Prior to substitution it read: "(b) two other members, who shall be persons of ability, integrity and standing, and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman." 3 Ins. by Act 50 of 1993, S. 8 (w.e.f. 1861993). 4 Ins. by Act 62 of 2002, S. 6 (w.e.f. 1532003). 5 Subs. by Act 62 of 2002, S. 6 (w.e.f. 1532003). Prior to substitution it read: "(2) Every member of the District Forum shall hold office for a term of five years or up to the age of 65 years whichever is earlier, and shall not be eligible for reappointment: Provided that a member may resign his office in writing under his hand addressed to the State Government and on such resignation being accepted, his office shall become vacant and may be filled by the appointment of a person possessing any of the qualifications mentioned in subsection (1) in relation to the category of the member who has resigned." 6 Ins. by Act 62 of 2002, S. 6 (w.e.f. 1532003d).";