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SUPREME COURT OF INDIA
D.Y. CHANDRACHUD, C.J.I., J.B. PARDIWALA, MANOJ MISRA, JJ.
Usha Garg - Appellant
Versus
Union of India - Respondent
W.P. (C) No.313 of 2024
Decided On : 20-08-2024
E-FILING - CONSUMER DISPUTE REDRESSAL - The court emphasized the necessity of transitioning to an e-filing system for consumer disputes, highlighting the upcoming launch of the e-jagriti platform on 15 September 2024. The court found merit in the petitioner's argument against the requirement of physical filings, indicating that the e-jagriti platform would alleviate this burden and streamline the process for litigants and legal representatives.
Fact of the Case:
The case involves the transition of the National Consumer Disputes Redressal Commission (NCDRC) to an e-filing system through the e-jagriti platform, expected to launch on 15 September 2024. The petitioner argued against the requirement of submitting physical copies of filings, given the current online filing practices.
Finding of the Court:
The court acknowledged the merit in the petitioner's submissions and recognized the need for a streamlined e-filing process to avoid unnecessary burdens on litigants and legal representatives. It noted the lack of e-filing provisions in many State Consumer Disputes Redressal Commissions (SCDRC) but acknowledged that Uttarakhand SCDRC had made provisions for it.
Issues: The primary issue was whether litigants should be required to file physical copies of proceedings when an online filing system is in place, and the readiness of the NCDRC and SCDRCs to transition to the e-jagriti platform.
Ratio Decidendi: The court determined that the transition to an e-filing system is essential for modernizing the consumer dispute resolution process and reducing the burden on litigants. The upcoming launch of the e-jagriti platform was seen as a significant step towards achieving this goal.
Result: The court directed the Secretary of the Ministry of Consumer Affairs to ensure representation at the next hearing and mandated all State Disputes Consumer Redressal Commissions to prepare for the e-jagriti platform's implementation, listing the petition for further consideration on 20 September 2024.
ORDER :
1. Justice Amreshwar Pratap Sahi, learned President of the National Consumer Disputes Redressal Commission (“NCDRC”) has participated in the proceedings through the video conferencing platform so as to apprise this Court of the progress which has been made for the migration of NCDRC to the e-jagriti platform. In the tabulated chart which is set out in the status report, it has been intimated that the launch of the e-jagriti platform for NCDRC is expected to take place from 15 September 2024.
2. We find merit in the submissions of the counsel for the petitioner that since members of the Bar or litigants are filing proceedings online, they should not be saddled with the additional obligation of filing physical copies of the proceedings. The problem as it persists at present is expected to get resolved once the e-jagriti is launched from 15 September 2024. Hence, these proceedings be listed after four weeks.
3. There is no appearance on behalf of the Union Ministry of Consumer Affairs. It appears that in most State Consumer Disputes Redressal Commissions (“SCDRC”) there is no provision for e-filing. However, counsel for the Uttarakhand SCDRC states that provisions have been made for e-filing.
4. We direct the Secretary in the Ministry of Consumer Affairs to assist this Court by appearing online on the next date of listing and to ensure that there is appearance on behalf of the Union Ministry before this Court on the next date of listing.
5. In the meantime, all the State Disputes Consumer Redressal Commissions shall take necessary steps to actively set in motion the migration to the e-jagriti platform as in the case of the NCDRC and ensure that e-filing is made fully operational.
6. List the Petition on 20 September 2024.
The court established that the implementation of an e-filing system is crucial for the efficiency of consumer dispute resolution processes, and that litigants should not be required to submit physica....
The main legal point established in the judgment is that while e-filing provides transparency and efficiency in the administration of justice, the digital divide in the country must be addressed to e....
Written Statement – Limitation – Application(s) seeking condonation of delay preferred before Consumer Fora prior to 04.03.2020, must be decided on merits and ought not to be summarily dismissed.
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