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TMI Blog2020 (5) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... urged that with the said Councils should be given the complete control over the unutilized and unclaimed funds. This, according to him, can be achieved by amending the Consumer protection Act with a view to re-constitute and re-construct the Councils under the Act so as to enable them with wider powers and control - We do not see how Petitioner s viewpoint should be all-pervading and such institutions and departments should be forced to be compliant with his suggestions and ideas. The Petitioner has collated certain facts and figures to impress upon us that enormous amounts of Funds are lying in credit with several departments and wings of the Government. But, all these contentions remain Petitioner s ipse dixit and nothing actionable is there in law. The preferential treatment sought for the Safdarjung Hospital may not be founded on any bias, as indisputably the said Institution is presently doing great service to the nation, but we have no criteria to make a distinction for any one hospital. Significantly, the utilization of the funds is not a function that the courts are equipped to decide - the said petition was also half-baked, lacking content and structure, prompting the cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court of India in Mafatlal Industries Ltd Vs. 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 disburse ₹ 5 Cr. or more to the Senior Resident doctors Safdarjung Hospital from the unclaimed amount belongs to innumerable and unidentifiable consumers throughout India; (e) Issue writ of prohibition directing the appropriate government to credit all public money into the account of Consumer Welfare 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 responses 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 cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Constitution for which we do not have the key. It is for the Parliament or the Executive answerable to the Parliament to decide as to how the said amounts are to be utilized and not for the courts especially when it is not the case of the petitioner that respondents are acting contrary to any statutory mandate. It is settled law that the Constitution does not permit the court to direct or advise the executive in matters of policy or to sermonize qua any matter which under the Constitution lies within the sphere of legislature or executive. If there is a law, the Court can certainly enforce it; but Court cannot create a law or policy and seek to enforce it [See Suresh Seth v. Commr., Indore Municipal Corpn. and Another, (2005) 13 SCC 287; Asif Hameed and Others v. State of Jammu and Kashmir and Others, 1989 Supp (2) SCC 364 and Divisional Manager, Aravali Golf Club and Another v. Chander Hass and Another, (2008) 1 SCC 683]. 7. Consequently, this Court is of the firm view that present writ petition is untenable in law inasmuch as the petitioner has failed to appreciate that there is a system of separation of powers under the Indian Constitution and it is not for the courts to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis for Petitioner's assumption that the funds in the hands of the institutions and the Government department are in jeopardy. Secondly, in our view, Banks, Insurances Companies, Post offices etc are all regulated and governed by their own set of rules. The Reserve bank of India and the provisions under the Banking Regulation Act would govern the bank and likewise IRDA would have the control over the Insurance Companies and that would take care of the unclaimed amounts of the policy holders. Further, the apprehension of misuse of unclaimed and unpaid refund as well as amounts lying with the respondents is totally misconceived as the said sums are duly accounted for in the account books of respondents and the said accounts are subject to audit. 10. We do not see how Petitioner's viewpoint should be all-pervading and such institutions and departments should be forced to be compliant with his suggestions and ideas. The Petitioner has collated certain facts and figures to impress upon us that enormous amounts of Funds are lying in credit with several departments and wings of the Government. But, all these contentions remain Petitioner's ipse dixit and nothing actionable is there in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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