Long delays in consumer complaint resolutions violate principles of effective justice, necessitating immediate infrastructural improvements and staffing in Consumer Fora.

JUDGMENT

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: