901-WP-370-25.DOC Suchitra IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.370/2025 THE REGISTRAR, CONSUMER DISPUTES REDRESSAL COMMISSION … PETITIONER Versus THE CHIEF SECRETARY, STATE OF GOA. … RESPONDENT Mr Vallabh Pangam, Advocate for the Petitioner. Mr Manish Salkar, GA for the State. CORAM: BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATED: 24th SEPTEMBER 2025 P.C. : 1. A strange challenge to a strange order passed by the District Consumer Redressal Commission, South Goa which in fact is not at all concerned with the Consumer Complaint No.DC/552/CC/91/2024 iled by Mr Bhavit Naik and two others v/s Swiss Air International Airlines and Another. he order dated 19.08.2025 record as below:- “Judgment is not ready as there is no Senior Stenographer posted by the State Commission / Director. 24th September 2025 901-WP-370-25.DOC Bailable Warrant issued to the Registrar Smt. Nilima Dessai of the Goa State Consumer Disputes Redressal Commission Panaji Goa, not returned report awaited. Issue notice to the Police Inspector, Panaji Police Station, to personally appear before this Commission on the next date of hearing and to clarify as to why the Bailable Warrant dated 01/08/2025 is not executed nor returned with report to this Commission. Issue fresh Bailable Warrant against Registrar Smt. Nilima Dessai of Goa State Consumer Disputes Redressal Commission Panaji Goa in the amount of Rs.25,000/- with one surety of like amount, through the Police Inspector, Panaji Police Station, Panaji Goa. Adjourned for Appearance of Police Inspectors / Appearance of Registrar of State Commission / Report / Judgment on 25/09/2025 At 10:30 . .” Α Μ 2. he order being signed by the President and the Member is in the wake of the fact that the Commission felt aggrieved as it was facing diiculty due to lack of staf including a Senior Stenographer, Bailif/Court Master/LDC. In the past, such grievance was raised by the Commission and in fact the Assistant Registrar, District Commission, South Goa realizing the diiculties faced, addressed a communication to the Oiciating President, Goa State Consumer Redressal Commission on 13.03.2025 taking cognizance of the diiculties 24th September 2025 901-WP-370-25.DOC faced as the Bailif who was retired in April 2022 and the Stenographer having retired in November 2023, they were not substituted by new appointments. he cognizance was also taken of the fact that the Junior Stenographer was overloaded with work as he has to type roznamas, trials as well as judgments of the President and Members and she is unable to cope up with her work. herefore, a communication was also addressed to the Department of Civil Supplies and Consumer Afairs by the Registrar, forwarding a letter from the Assistant Registrar, District Commission, South Goa making a request for recruiting a Senior Stenographer, Bailif/Court Master/LDC. In the past also, the Assistant Registrar had made such eforts but the post of Senior Stenographer still lie vacant and we quite see the anguish of the President and the Member of the Consumer Disputes Redressal Commission, South Goa and in fact it ought to have issued certain directions or made request to the State Government for recruiting a stenographer but instead the Commission has chosen to issue bailable warrant to Registrar Smt Nilima Desai of the Consumer Disputes Redressal Commission, State of Goa (petitioner) and directed her to personally report before the Commission on the next date of hearing. For her appearance the matter is now ixed for hearing on 25.09.2025. 3. We are surprised by the manner which the Commission has chose to adopt, as we ind that inadequacy of the staf may be an issue faced by the Commission but for this purpose deinitely the Registrar of the Consumer Disputes Redressal Commission, State of Goa is not to be held responsible, as the Registrar do not have 24th September 2025 901-WP-370-25.DOC the power to recruit the staf as the staf is recruited by the State Government. 4. 4. We are also conscious of the fact that unavailability of adequate staf must have deinitely impacted the working of the Commission but there are other modes to adopt for seeking recruitment and we ind it completely unacceptable that the Commission has issued bailable warrant against Smt Nilima Desai who is the Registrar of the Consumer Disputes Redressal Commission, State of Goa on two counts. Firstly, the order do not justify the exercise of its power as the Commission deinitely is not empowered to summon its own Registrar, merely because the vacancies are not cleared and secondly, there was no requirement of issuing bailable warrant against the Registrar as we ind that in the past also the Registrar had indulged a communication with the concerned department i.e. the Department of Civil Supplies and Consumer Afairs making a request for the appointments. Since we ind that the order is nothing but an arbitrary exercise of its power, we quash and set aside the said order. 5. However, since we have before us the appearance of Mr Salkar, learned Government Advocate representing the State of Goa i.e. respondents no.1 and 2, we direct that the Department of Civil Supplies and Consumer Afairs shall ensure that the District Consumer Disputes Redressal Commission gets its adequate staf as we have noted that after the retirement of the Bailif in April 2022 and the Senior Stenographer in November 24th September 2025 901-WP-370-25.DOC 2023, the posts are not illed in. We must only remind the Government that if it wants the forum like the District Consumer Disputes Redressal Commission which falls within its edges to function, it must ensure that adequate staf is provided to it. We direct that the State Government shall make appointment of the Stenographer, Bailif and LDC or depute qualiied persons, if no appointment could be made within a period of four weeks from today. We expect the Department of Civil Supplies and Consumer Afairs to immediately ill up the vacancies within a period of four weeks. 6. he counsel for the petitioner also has placed before us an identical order dated 17.09.2025 in form of issuance of a fresh bailable warrant against the Registrar of the Consumer Disputes Redressal Commission, State of Goa in Consumer Complaint No.DC/552/CC/17/2024 in the case of Mr Manish Vinod Gosalia and another v/s. Mr Manav Narula. 7. We restrain the Commission from issuing such orders in future, as now we have issued directions the State Government to ensure that the vacant posts on its roll are illed in. 8. he Writ Petition is disposed of in the aforesaid terms. No cost. 9. Parties to act on an authenticated copy of this order. ASHISH S. CHAVAN, J. BHARATI DANGRE, J. 24th September 2025 Signed by: SUCHITRA NANDAN SINGBAL Designation: Personal Assistant Date: 25/09/2025 20:31:14