1. Migration of consumer dispute redressal commissions to the e-jagriti platform for the implementation of e-filing of proceedings. (Para 1 , 3 , 5 )
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2024 Supreme(SC) 917
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
Important Points
IMPORTANT POINT
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 physical copies of filings when an online system is available.
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 physical copies of filings when an online system is available.
Subject
Consumer Law - Dispute Resolution
Headnote
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.
Legal Category Hierarchy
Advocates appeared:
For Petitioner(s) Mr. Lav Kumar Agrawal, Adv. Mr. Rajat Srivastav, AOR For Respondent(s) Mr. Apurv Singhvi, Adv. Ms. Shubhangi Agrawal, Adv. Ms. Sarvshree, AOR Ms. Shilpi Satyapriya Satyam, Adv.
For Petitioner(s) Mr. Lav Kumar Agrawal, Adv. Mr. Rajat Srivastav, AOR For Respondent(s) Mr. Apurv Singhvi, Adv. Ms. Shubhangi Agrawal, Adv. Ms. Sarvshree, AOR Ms. Shilpi Satyapriya Satyam, Adv.
Table of Contents
2. Submission that litigants and the Bar should not be burdened with filing physical copies when proceedings are filed online. (Para 2 )
3. The requirement for physical copies is redundant for online filings and is expected to be resolved upon the launch of the e-jagriti platform. (Para 2 )
4. Online filing of legal proceedings should obviate the necessity for simultaneous submission of physical copies to avoid unnecessary burdens on litigants and the Bar. (Para 2 )
5. Directed State Consumer Disputes Redressal Commissions to migrate to the e-jagriti platform and ensure e-filing is fully operational. (Para 4 , 5 , 6 )
6. Should physical copies of proceedings be required if they are filed online?
No, the court held that since proceedings are being filed online, litigants and members of the Bar should not be saddled with the additional obligation of filing physical copies. (Para 2 )
7. What is the current status of e-filing across State Consumer Disputes Redressal Commissions?
While some commissions, such as the Uttarakhand SCDRC, have made provisions for e-filing, most State Consumer Disputes Redressal Commissions currently lack such provisions. (Para 3 )
8. What directive was issued regarding the migration to the e-jagriti platform?
All State Consumer Disputes Redressal Commissions are directed to take necessary steps to actively migrate to the e-jagriti platform to ensure that e-filing is made fully operational. (Para 5 )
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.
