SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img



IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Sandhya Srivastava - Appellant
Versus
Neelam Mishra - Respondent
W.P.(C) 2207 of 2021 & CM Appl. 6437 of 2021
Decided On : 18-02-2021




Timely judgment pronouncement by courts, especially in consumer disputes, is essential for justice, and undue delays violate legal principles.

Headnote:(A) Consumer Protection Act, 1986 - Delay in pronouncement of judgment - Petitioner filed a complaint against negligence leading to severe burns, pending for over 15 years - Court emphasized timely judgment pronouncement as critical, referencing Anil Rai v. State of Bihar, (2001) 7 SCC 318; obligations under Civil Procedure Code, 1908, and guidelines for expediting pending orders. The High Court issued specific directives to ensure compliance by the NCDRC and emphasized that the Consumer Protection Act aims for speedy justice. (Paras 3-13)

(B) Courts’ Obligations - The court reiterated that the importance of prompt resolution in cases, especially concerning consumer disputes, cannot be understated; delays adversely affect litigants and undermine judicial efficiency. (Paras 10-12)

Facts of the case:
The Petitioner had suffered severe burns as a newborn due to alleged medical negligence, prompting a complaint filed over 15 years ago, which had not seen resolution despite multiple hearings.

Findings of Court:
The High Court issued directives to the NCDRC for timely judgment pronouncement, highlighting the failure to issue reasoned orders, emphasizing this contravenes principles of justice.

Issues: Central issues are the undue delay in pronouncing judgments by NCDRC and failure to adhere to prescribed timelines.

Ratio Decidendi: The court underlined that non-adherence to the prescribed timelines for judgment pronouncement violates both statutory obligations and principle of justice, necessitating corrective measures.

Result: Petition disposed of with directions to NCDRC to pronounce judgment within stipulated timelines.

Table of Content
1. delay in pronouncement of judgment. (Para 2 , 3 , 4)
2. petitioner seeks timely judgment. (Para 5)
3. judicial guidelines on timely judgment. (Para 6 , 9 , 10 , 11)
4. importance of speedy justice. (Para 7 , 8)
5. directions for ncdrc to comply with judgment timelines. (Para 12 , 13 , 14)

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode (physical and virtual hearing).

2. This is an unfortunate case where the Petitioner has been forced to come to Court due to non-pronouncement of orders/judgment by the National Consumer Dispute Redressal Commission (hereinafter `NCDRC').

3. The Petitioner has filed a complaint before the NCDRC alleging negligence by the doctors and hospital - Kanpur Medical Centre Private Ltd., Kanpur, UP (hereinafter, `Hospital'), due to which severe burns were caused to her as a newly born infant. The complaint was filed before the NCDRC in April, 2006. It has been more than 15 years since the complaint is pending.

4. The matter was first argued before the NCDRC on 13th August, 2018 and was reserved for orders. The said order reads:

    "Arguments heard. Order reserved."

After a lapse of about seven months, i.e., on 26th March, 2019, the matter was reopened and listed for final hearing once again. The said order reads:

    "This matter needs further consideration with the presence and arguments of learned counsels from both sides.

    List for final hearing on 17.07.2019.

    Meanwhile, all the parties are directed to file their extant briefs of written arguments, if they so wish, in terms of Regulation 13 of the Consumer Protection Regulations, 2005 at least four weeks before the next date of hearing with copies in advance to each other.

    All parties be informed by the Registry within ten days."

Thereafter however, the matter was repeatedly adjourned. Arguments were finally heard on 15th January, 2020 and the matter was reserved once again. The said order reads:

    "Heard arguments of the learned counsels for the parties present except OP-1-Dr. Neelam Mishra, Gynecologist.

    Order reserved."

Even after a lapse of more than one year, orders are yet to be pronounced in this matter.

5. Mr. Bajaj, ld. Counsel for the Petitioner submits that repeated enquiries have been made with the NCDRC but to no avail. On 2nd December, 2020, an application was moved by the Petitioner seeking re-hearing and pronouncement of judgment, despite which, the matter has not been listed before any Bench. Repeatedly following up with the Registry has also not borne any result. Ld. Counsel fairly submits that he has now received intimation that the application is now listed on 23rd February, 2021.

6. The Supreme Court has, repeatedly, in Anil Rai v. State of Bihar, (2001) 7 SCC 318 and Balaji Baliram Mupade & Anr. v. State of Maharashtra & Ors., [Civil Appeal No. 3564/2020, decided on 29th October, 2020] emphasised the importance of timely pronouncement of judgments and orders once submissions are heard. The said judgements were also considered by this Court in Deepti Khera v. Siddharth Khera, [CM (M) 1637/2019, decided on 18th November, 2019], The observations in Deepti Khera (supra) where Anil Rai (supra) is also extracted are set out below:

    "6. It is the settled position in law, as per the judgment of the Hon'ble Supreme Court in Anil Rai v. State of Bihar, (2001) 7 SCC 318 that once matters are reserved for orders, usually, the same should be pronounced within a time schedule. In Anil Rai (supra) it has been observed as under:

    "8. The intention of the legislature regarding pronouncement of judgments can be inferred from the provisions of the Code of Criminal Procedure. Sub-section (1) of Section 353 of the Code provides that the judgment in every trial in any criminal court of original jurisdiction, shall be pronounced in open court immediately after the conclusion of the trial or on some subsequent time for which due notice shall be given to the parties or their pleaders. The words "some sub

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top