The Bombay HC has temporarily stayed a state government rule which had made the consumer courts toothless, by mandating that the courts forward the execution application of consumers to the civil court to get them executed or implemented. The state government had issued this rule in the official gazette on June 25 this year. The petition was filed by the Mumbai Grahak Panchayat on the grounds that the rule is in violation of a provision of the Consumer Protection Act which empowered the district forums and state commissions to implement their own orders. The petition sought quashing of the rule on the grounds that it was inconsistent with the Act. The HC on Wednesday directed the state government to file a reply in four weeks on the petition. The new rule was part of the Consumer Protection (Appointment, Salary allowances and Conditions of services of President and Members of State Commission and District Forum) Rules, 2019. It came into effect from May 24. A circular of June 11 this year issued by the President of the Maharashtra State Commission stated about the rule, "The presidents of the District Forum shall after receipt of the execution application of the judgment, forward the same of the civil court for necessary execution." Based on this circular, the State Consumer Dispute Redressal Commission had stated, "The State Commission shall, with immediate effect only receive applications for execution and will forward the same to the civil court for necessary application by the civil court."

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