Supreme Court Article 142 Consumer Cases

New Delhi, February 14, 2026 — In a landmark move to ensure “complete justice,” the Supreme Court of India has directed High Courts to step in and adjudicate consumer complaints in states and Union Territories where State Consumer Disputes Redressal Commissions (SCDRCs) are non-functional or unviable.

Invoking its extraordinary powers under Article 142 of the Constitution, the bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi addressed the systemic failure in regions where low case pendency has made maintaining full-time commissions a massive financial burden.

Why the High Courts are Stepping In

Under the Consumer Protection Act, 2019, a three-tier structure (District, State, and National) is mandated. However, several states reported that they cannot justify the cost of a full-fledged SCDRC for just a handful of cases.

The Court noted that in many of these regions, commissions lacked a qualified President (who must be a sitting or former High Court judge) or were operating without judicial members for over a year.

State-wise Pendency Snapshot (as of Feb 2026):

State/UT Pending Cases (Approx.)
Arunachal Pradesh 59 total
Sikkim 12 (State) / 52 (District)
Tripura 46 (State) / 316 (District)
Meghalaya 15 total
Andaman & Nicobar 4 (State) / 37 (District)
Lakshadweep Under 10 cases

The New Framework for Consumer Justice

To prevent consumer rights from becoming “illusory” in these areas, the Supreme Court issued the following mandatory directives:

  • Case Transfer: State governments must transfer all pending SCDRC complaints and appeals to the Registrar General of the jurisdictional High Court within two weeks.

  • Judicial Assignment: Chief Justices of the respective High Courts are requested to assign these matters to a Single Judge, who will be deemed the “Chairperson” of the State Commission for these proceedings.

  • Technical Assistance: Existing technical members of the SCDRCs will assist the assigned Judge to complete the quorum.

  • Timeline: The Court has set a target for these matters to be disposed of within three months.

  • Appeals: Any appeal against an order passed by the High Court judge in this capacity will be heard by the President’s Bench of the NCDRC.

Focus on Low-Volume Jurisdictions

The order primarily impacts Northeastern states (Mizoram, Manipur, Nagaland), Goa, Himachal Pradesh, and UTs like Lakshadweep. The bench clarified that states with a total pendency of fewer than 1,000 cases are at liberty to submit alternative proposals for permanent redressal mechanisms during the next hearing.

“Litigants cannot be left remediless… With low pendency, it is appropriate to provide an alternative mechanism ensuring complaints are not rendered otiose.” — Supreme Court Bench

This interim arrangement is part of the ongoing suo motu proceedings: In Re: Pay and Allowance of the Members of the U.P. State Consumer Disputes Redressal Commission. The matter is scheduled for further hearing on February 26, 2026, where the Court will review compliance and consider state-specific modifications.

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