Page 48 - GSTL_13th August 2020_Vol 39_Part 2

134 GST LAW TIMES [ Vol. 39
been filed against as many as eighty respondents primarily seeking to convert
the Consumer Welfare Fund Bill, 2010 into the Consumer Welfare Fund Rules,
2010 and for transfer of the unclaimed or unpaid amounts of unidentifiable con-
sumers lying with respondents to Consumer Welfare Fund or a Suspense Ac-
count as well as for refund of the same and to disburse Rs. 5 crores out of the
said amount to senior resident doctors of Safdarjung Hospital and to donate an
additional sum of Rs. 5 crores to Safdarjung Hospital to fight the coronavirus.
The prayer clause reads as under :-
“In the abovementioned facts and circumstance this Hon’ble Court may
graciously pleased to :-
(a) Issue writ of mandamus directing the appropriate government
to convert the Consumer Welfare Fund Bill, 2010 into the Con-
sumer Welfare Rules, 2010;
(b) Issue writ of prohibition and certiorari directing appropriate
government to transfer unclaimed or unpaid unidentifiable
consumer amount, lying with Banks, RD accounts, PPF,
NPPA, Postal Services, Life Insurance, direct & indirect tax au-
thorities, SEBI, DG Civil Aviation and other government enti-
ties and also any type of consumer unclaimed or unpaid
amount mentioned in above drawn chart or illegally diverted
into other account(s) into CWF or to a Suspense Account un-
der CPA, 1986 or under CPA, 2019 in terms of CWF, Bill 2010;
(c) Issue writ of certiorari directing appropriate government to re-
fund unclaimed and unpaid unidentifiable consumers amount
to them in terms of judgment rendered by the constitutional
bench of the Hon’ble Supreme Court of India in Mafatlal Indus-
tries Ltd. v. Union of India reported in (1997) 5 SCC 536 read
with the Consumer Welfare Fund Bill, 2010;
(d) Issue writ of certiorari directing the central government to dis-
burse Rs. 5 Cr. or more to the Senior Resident doctors Safdar-
jung Hospital from the unclaimed amount belongs to innu-
merable and unidentifiable consumers throughout India;
(e) Issue writ of prohibition directing the appropriate government
to credit all public money into the account of Consumer Wel-
fare Fund which is not meant for Consolidated Fund of India;
(f) Issue writ of mandamus directing the appropriate government
to enact Consumer Welfare Fund Act, 2010 in terms of clause
(k) of sub-section (1) of Section 19 (Powers and functions of
Central Authority to advise the Ministries and Departments of
the Central and State Governments on consumer welfare
measures) of the CPA, 2019;
(g) Issue writ of mandamus directing respondents to file their re-
sponses with regard to total unclaimed amount of consumers
amount which is lying with them till today in the absence of
any statute;
(h) Issue writ of mandamus directing respondents to file a detailed
sheet as to how much consumers unclaimed amount, received
under Section 12(1) or 17(1) or 21(i)(a) or CPA, 1986; or fine
under section 14(1)(hb) of the CPA, 1986; or cost of adjourn-
ment, has been directed to deposit in CWF established under
section 12(c) of the Central Excise Act, 1944 in terms of Rule
10A of the Consumer Welfare Rules, 1987;
(i) Issue writ of probation directing the appropriate government
not to transfer consumers unclaimed amount (in trillions) of

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