Presiding member cited as President in Charge is not lawful and adhered to the Consumer Protection Rules

 Presiding member cited as President in Charge is not lawful and adhered to the Consumer Protection Rules

Why is it Unlawful?

1. Legal Requirement for Appointment:

   • The President of a Consumer Commission must be appointed as per the prescribed procedure by the appropriate state or central authority.

   • A Presiding Member does not automatically assume the role of President, unless explicitly provided for in the law or through a valid appointment process.

2. Violation of Consumer Protection Rules:

   • The Consumer Protection (Qualification for Appointment, Method of Recruitment, Procedure for Appointment, Term of Office, Resignation, and Removal of the President and Members of the State Commission and District Commission) Rules, 2020, outline the exact process for appointing Presidents.

   • If a Presiding Member is designated as ‘President In-Charge’ without proper legal backing, it goes against these rules.

3. Impact on Legitimacy of Orders:

   • Decisions made under an unauthorized ‘President In-Charge’ may be challenged in higher forums for lack of jurisdiction.

   • This can further delay justice for consumers and lead to unnecessary legal complications.