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2022 Supreme(Del) 289

IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Mohan Prasad (since Deceased) Through His Lrs Sh. Yogesh - Appellant
Versus
Employees State Insurance Corporation & Anr. - Respondents
W.P.(C) No. 12490/2021
Decided On : 06-01-2022

Advocates Appeared:
Mr. F.K. Jha, Advocate, for the Appellant, Mr. Sameer Vashisht, ASC, GNCTD Ms. Sanjana Nangia, Ms. Mahima Arora, Advocates, Mr. Satyakam, ASC, GNCTD, for the Respondent.

The court emphasized the need to expedite the disposal of consumer complaints and address the backlog of cases in the Consumer Forum by filling up vacancies and providing necessary infrastructure.

Headnote:

Consumer Forum - Delay in Disposal of Consumer Complaint - Consumer Protection Act, 1986 - Section 9, Section 12, Section 14 - The court directed the Consumer Forum to expedite the hearing and final judgment of the consumer complaint, and also called for data relating to pending cases, evidence conclusion dates, infrastructural requirements, and vacancies of presiding officers and staff. The court also impleaded the GNCTD as a respondent and directed them to coordinate with the President of the State Consumer Redressal Forum to fill up vacancies and provide infrastructure across all District Fora in GNCTD and the State Forum.

Fact of the Case:

The Petitioners filed a consumer complaint in 2007 alleging medical negligence leading to the demise of their 13-year-old son. The District Consumer Dispute Redressal Forum had not disposed of the complaint for almost 14 years.

Finding of the Court:

The Consumer Forum disposed of the complaint after the court's direction to expedite the hearing. The court found a huge backlog of cases in the Consumer Forum due to non-filling of vacancies and lack of infrastructure.

Issues: Delay in disposal of consumer complaint, backlog of cases in the Consumer Forum, infrastructural and staffing requirements of the Consumer Forum.

Ratio Decidendi: The court directed the Consumer Forum to expedite the hearing and final judgment of the consumer complaint, and also called for data relating to pending cases, evidence conclusion dates, infrastructural requirements, and vacancies of presiding officers and staff. The court also impleaded the GNCTD as a respondent and directed them to coordinate with the President of the State Consumer Redressal Forum to fill up vacancies and provide infrastructure across all District Fora in GNCTD and the State Forum.

Final Decision: The court directed the Consumer Forum to expedite the hearing and final judgment of the consumer complaint, and also called for data relating to pending cases, evidence conclusion dates, infrastructural requirements, and vacancies of presiding officers and staff. The court also impleaded the GNCTD as a respondent and directed them to coordinate with the President of the State Consumer Redressal Forum to fill up vacancies and provide infrastructure across all District Fora in GNCTD and the State Forum.

ORDER

Prathiba M. Singh, J. (Oral). - This hearing has been done through video conferencing.

2. The grievance of the Petitioners in the present matter was that the District Consumer Dispute Redressal Forum (West), Janakpuri, Delhi (hereinafter "Consumer Forum") had not disposed of their consumer complaint, which was filed way back in 2007. The Petitioner-father had lost his son who was just 13 years of age and had filed a consumer complaint against the Employees State Insurance Corporation/Respondent No.1 (hereinafter "ESIC") and the Employees State Insurance Hospital/Respondent No.2. The case of the Petitioners is that there was medical negligence, which led to the demise of his young son.

3. The evidence in the complaint had concluded almost 14 years ago but the matter was not being finally heard and adjudicated. Vide a detailed order passed on 9th November, 2021, this Court had directed the Consumer Forum to expedite the hearing in this matter and had also called for the data relating to the following information:

    "9. Accordingly, considering the protracted delay in hearing this matter, it is directed that the case shall be listed before the said Consumer Forum on 22nd November, 2021. The matter shall then be heard and final judgment shall be passed by 20th December, 2021.

    10. As to the submissions made by ld. counsels appearing today, concerning the manner of functioning of the Consumer Forum, this is a cause for consternation. In light of these submissions, this Court find it appropriate to ascertain whether there are other similar cases pending before the Consumer Forum, and their status. Accordingly, the worthy Registrar General of this Court, shall obtain a report from the Registrar or Secretary, District Consumer Dispute Redressal Forum (West), Janakpuri, Delhi, containing the following details:

    a. List of cases/complaints pending for final hearing;

    b. Date of institution of the said complaints;

    c. Date when evidence was concluded in the said complaints;

    d. Any infrastructural requirements in the said forum; and

    e. Status of vacancies of presiding officers including Chairperson and members.

    A proper breakup of these details, in the form of a chart, shall be placed before this Court by the next date of hearing."

    4. Mr. F.K. Jha. Ld. counsel for the Petitioners, today informs the Court that the matter relating to the Petitioners has now been disposed of vide order dated 13th December, 2021 by the Consumer Forum. The said information is taken on record.

    5. Further, in compliance of this Court's order dated 9th November, 2021, a report has been placed on record today by the President, District Consumer Disputes Redressal Commission -III, West District, Janakpuri, New Delhi. As per the said report, the President has submitted the information relating to the vacancies in respect of staff and members at the Consumer Forum, as also specifying the urgent requirements in the Consumer Forum, required for its effective functioning. The said requirements include filling up of the existing vacancies for stenographers, Data Entry Operators, Sr. Assistant UDC and Class IV personnel. In addition, the President has also asked for further staff and infrastructure requirements, such as fridge, air conditioners, laptops, etc.

    6. Insofar as the pendency of the cases is concerned, for cases wherein the evidence recordal has already been concluded, a chart has been placed on record showing on an yearly basis, that the evidence has been concluded in several matters, which have not yet been finally heard. The year wise details are as under:

    Year of Institution of Case

    Number of Cases/Complaints pending for Final Hearing (Evidence Concluded)

    2005

    3

    2006

    11

    2007

    8

    2008

    24

    2009

    20

    2010

    51

    2011

    58

    2012

    86

    2013

    114

    2014

    130

    2015

    173

    2016

    207

    2017

    263

    2018

    196

    Total

    1344

    7. The above numbers o

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