STATE OF U.P. AND ORS. versus JEET S. BISHT AND ANR.

Citation: [2007] 7 S.C.R. 705 · Decided: 18-05-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Disposed off

Cited by 4 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

"-I , 
ST ATE OF U.P. AND ORS. 
A 
v. 
JEET S. BISHT AND ANR. 
MAY 18, 2007 
[S.B. SINHA AND MARKANDEY KA TJU, JJ.] 
B 
-i 
Consumer Protection Act, 1986-Sections 9 and 16-Cons·umer 
Forums-Conditions of service of members-Central and State Governments 
requested to consider fixing adequate salaries and allowances for members c 
at all three levels so that they can function effectively and with a free mind-
Request also made to fill up vacancies expeditiously so that the forums can 
function effectively-Matter referred before another bench. 
Respondent approached a District Consumer Forum with a grievance 
about charging of excessive electricity bills by the State Eledricity board. D 
However, it was not decided as the Forum was not working since term of two 
of its members had expired. Thereupon he filed a writ petition about same 
grievance. While deciding the issue on merits, the High Court issued 
directions to State Government to (i) constitute at least five State Consumer 
Forums at State level, the Presiding Officer thereof being a retired High 
Court judge enjoying the same facilities and amenities as enjoyed by a sitting E 
High Court Judge; (i) provide infrastructure facilities of proper building and 
recruitment powers of staff to the Presiding Officer of State Commission or 
Vice-President. Aggrieved by this, State Government and others filed the 
present appeal. 
Appellant contended that (i) the directions issued by the High Court were F 
..>, 
contrary to the provisions of the Consumer Protection Act, 1986; (ii) the court 
cannot issue a direction that the law be amended; (iii) directions of the Higil 
Court related to policy matters in which the judiciary cannot interfere. 
During course of hearing of the appeal, this Court passed interim orders G 
· expressing its anguish that the very purpose of the Act was frustrated and it 
was becoming non functional due to the indifference of the State Government 
in filling up vacancies at the State and District Levels and providing 
' 
insufficient funds for salaries of members and the staff, and for the 
infrastructure without which the State and District Consumer For a cannot 
705 
H 
706 
SUPREME COURT REPORTS 
[2007) 7 S.C.R. 
A operate. Therefor.e, this Court directed the Union of India to file a 
,.. 
comprehensive scheme with regard to the structuring of Consumer Forums 
at all the three levels with emphasis on service conditions, not only of the 
members of the District, State and the National Consumer Forums but also 
with regard to the staff in each of the said Forums; the effort was to see that 
the Consumer Forums became effective institutions where the consumers can 
B give vent to their grievances rather than their going to the courts of law. The 
scope of the writ petition in the appeal before this Court expanded to cover 
the State and District Consumer For a all over India. The Court requested 
the Solicitor General of India to assist it and seek instructfons. 
f" 
c 
Additional Solicitor General of India contended that this Court should 
fix the salaries and allowances of members of the State Consumer Dispute 
Redressal Commission in all States of India as well as the salaries and 
allowances of the District For a all over India. Referring the matter to another 
Bench, the Court 
D 
HELD: Per Markandey Katju, J:-
1.1. The directions of the High Court are really an encroachment into 
the legislative and executive domain. Whether there should be one State 
Consumer Forum or five or mo.-e State Consumer For is entirely for the 
legislature and executive to decide. The High Court has directed that the State 
E Government should constitute at least five State Consumer Forums at the State 
level by making necessary amendments in the Act. Such a direction was 
clearly illegal. The Court (including this Court) cannot direct amendment of 
an Act made by the legislature. The establishment of the District, State and 
National level Consumer For a is done under Section 9 of the Consumer 
F Protection Act by the authorities mentioned in that Act. The composition of 
these For a is also prescribed in that section, and so are the salaries and 
allowances and other conditions of service of the members. It is only the 
,.,.._ 
authorities mentioned in the Act who' can do the needful in this connection, 
j-
and this Court cannot arrogate to itself the powers given by the Act to the 
said authorities. [Para 35) (723-F-H; 724-A) 
G 
1.2. The High Court has also d

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