IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Aditya Bagree & Ors. – Appellants
Versus
Nati Onal Consumer Disputes Redressal Commission Through The Registrar & Anr. – Respondents
CM(M) 306 of 2023
Decided On : 24-02-2023
Exemption - National Consumer Disputes Redressal Commission - The court directed the National Commission to dispose of the consumer case expeditiously and preferably within the next eight months, emphasizing the need for early and expeditious disposal of the case.
Fact of the Case:
The petitioners were aggrieved by the delay in the disposal of a consumer case by the National Consumer Disputes Redressal Commission despite the matter being kept for final hearing since 2019. The respondent had filed false and frivolous applications, leading to the delay.
Finding of the Court:
The court directed the National Commission to dispose of the Consumer Case expeditiously and preferably within the next eight months, allowing pending applications to be taken up and disposed of as expeditiously as possible.
Issues: Delay in disposal of the consumer case by the National Consumer Disputes Redressal Commission despite the matter being kept for final hearing since 2019, due to false and frivolous applications filed by the respondent.
Ratio Decidendi: The court emphasized the need for early and expeditious disposal of the consumer case, directing the National Commission to ensure that the main consumer complaint can be decided on its own merits.
Final Decision: The petition was disposed of with no order as to costs.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 9243/2023
1. Exemption allowed subject to all just exceptions.
2. Application stands disposed of.
CM(M) 306/2023
3. The petitioners are aggrieved by the issue that the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the 'National Commission') has not been proceeding to dispose of the CC No. 3248/2017 titled "Aditya Bagree & Ors. Vs. M3M India Limited", despite the matter kept for final hearing from 4th November, 2019.
4. Mr. Mohan, learned counsel appearing for the petitioners submit that the pleadings in the said consumer case is already complete and the learned National Commission had listed the matter in the month of 2019 for final disposal. However, due to false and frivolous applications being filed one after the other from the year 2019, by the respondent No.2, the matter has not culminated in the final order being passed.
5. Learned counsel further submits that the amount so demanded by respondent No.2 i.e. about Rs. 3 crores was deposited by the petitioner way back in the year 2017, barring a small amount Rs.18 lacs which was subsequently deposited in the National Commission.
6. Learned counsel submits that the despite taking all steps in accordance with law and also complying with the amount deposited, the petitioners/complainant is yet to see the results of the Consumer Case as it stands before the National Commission.
7. This Court has perused the various order placed on record by the learned counsel which was passed by the learned National Commission.
8. Since the only prayer of the petitioner is seeking a direction to the National Commission for early and expeditious disposal of the Consumer Case No. 3248/2017 titled "Aditya Bagree & Ors. Vs. M3M India Limited", this Court is of the opinion that the present petition can be disposed of at the admission stage with a request to the learned National Commission to dispose of the Consumer Case No. 3248/2017 'Aditya Bagree & Ors. Vs. M3M India Limited', expeditiously and preferably within the next eight months. The learned National Commission is at liberty to take up the pending applications in the interregnum and dispose of them as expeditiously as possible so as to ensure that the main consumer complaint can be decided on its own merits.
9. In view of the aforesaid directions, the petition is disposed of with no order as to costs.
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