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Full Commission's non-constitution reveals sorry state of affairs: HC | | | Early Times Report
Jammu, Aug 19: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey today said 'we are inclined to observe a sorry state of affairs with regard to inaction on part of the state government for not constituting the full state commission'. The court directive came in an appeal filed by Oriental Insurance Company. As per section 14, appointments to the posts of president and members of the state commission have to be made by the government on the recommendation of selection committee comprising chief secreatry, law secretary and CAPD secretary. "There is a government in office in J&K and other government business is being carried out. The cabinet is also meeting periodically to take various decisions. Thus there is no impediment to fill up the vacancy of the president and members of the state commission by the government. The vacancy of the president has remained unfilled since October 2015. Thus the committee of the three officers was expected to recommend the names for the posts of president and members as per vacancies in the state consumer disputes redressal commission for their appointed forthwith if not recommended already. The appellant stated that the order was not valid as the member of the commission had no power under the J&K Consumer Protection Act to pass an order to register the complaint without full quorum. The second contention is that as per section 11(2) of the Act, opportunity of 30 days time to submit written version to the complaint has to be given and it can be extended further by 15 days and without granting time to file objections, the order to register the complaint was passed, the appellant said. |
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