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IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Mohan Prasad - Appellant
Versus
Employees State Insurance Corporation - Respondent
W.P.(C) 12490 of 2021
Decided On : 01-11-2022




The court emphasized the need for operational reforms in District Consumer Fora to enhance efficiency, prioritize case disposal, and ensure adequate infrastructure support.

Headnote:(A) Consumer Protection Act, 2019 - Issues of management and efficiency in the operation of District Consumer Disputes Redressal Fora raised. Court emphasized necessity for expeditious hearings, adherence to operational norms, and filling vacancies in District Commissions. (Para 3-6)

(B) Judicial Efficiency - Directions for listing final matters chronologically and establishing a new District Consumer Forum in Shahdara district. The need for mediation facilities noted for efficient dispute resolution. (Para 6-9)

Facts of the case:
The Court assessed a report from the Registrar General regarding functioning and backlog of District Consumer Fora, highlighting critical infrastructure and procedural concerns leading to delays.

Findings of Court:
The Court directed implementation of measures for improving operational efficiency, noting a significant number of pending matters since 2003.

Issues: The primary issues were the establishment of a necessary District Forum, addressing backlog, and improving operational standards of the existing Fora.

Ratio Decidendi: The Court mandated reforms to enhance the efficacy of District Commissions, prioritizing the disposal of older cases, and underscoring the importance of regular monitoring and infrastructure support.

Result: Directions issued for administrative reforms and operational efficiency in District Consumer Fora.

Table of Content
1. hybrid hearing mode initiated. (Para 1 , 2)
2. registrar's report details consumer forum functioning. (Para 3)
3. pending cases and irregularities in hearings identified. (Para 4 , 5 , 6)
4. meeting on infrastructure and forum organization scheduled. (Para 7 , 8 , 9)
5. order details and communication to relevant parties. (Para 10 , 11 , 12 , 13)

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. Vide the previous order dated 6th September, 2022, the worthy Registrar General of this Court had been directed to file a report setting out specific details as to the functioning of the various District Consumer Disputes Redressal Fora in Delhi.

3. Today, the report of the worthy Registrar General has been received along with various other documents, including inspection reports basis visits to the District Fora. The same is being considered by this Court. Some of the suggestions/steps given in the said Report are as under:

    "11. It is humbly submitted that the directions of this Hon'ble Court on the following points would be an aid in the effective functioning of the District Consumer Commissions:

    (i) A separate District Consumer Disputes Redressal Commission for Shahdara District may be established and made operational as expeditiously as possible.

    (ii) The nomenclature of DCDRC (South I) may be immediately changed to DCDRC (South) and that of DCDRC (South II) may be immediately changed to DCDRC (South East).

    (iii) All existing vacancies of Presidents and Members in District Commissions may be immediately filled up and a mechanism may be devised so that the process of filling up of anticipated vacancies is commenced well in advance and gets concluded before the vacancies actually arise.

    (iv) The District Commissions should strictly adhere to the timings/working hours specified under the Consumer Protection (Consumer Commission Procedure) Regulations, 2020.

    (v) The District Commissions should strictly adhere to the calendar of the Government of NCT of Delhi and should conduct the proceedings on all working days i.e. 6 days a week (except Second Saturdays and other notified holidays of the GNCTD).

    (vi) The advance intimation regarding leaves of the Presidents/Members and all other relevant information relating to the functioning of the District Commissions should be put on the website.

    (vii) Disposal criteria should be formulated for being followed by the District Commissions and they should submit monthly disposal statements to the State Commission.

    (viii) Advisories may be issued to the District Commissions to give preference to old cases, cases of women, senior citizens and persons with disability.

    (ix) A separate Mediation Cell should be established in all the Districts Consumers Redressal Commissions.

    (x) Adequate and dedicated staff should be appointed for the District Commissions or otherwise there should be a sufficiently long fixed tenure for the transferable staff.

    (xi) Adequate infrastructure (including IT infrastructure) be provided to the District Commissions and wherever required infrastructure should be suitably augmented/modernized. "

4. Let copies of this report along with all annexures be supplied to the ld. Counsel for the Petitioner and ld. Counsel for the Respondents.

5. It is also noted that the report states that there are a large number of matters pending for final arguments after conclusion of evidence. The details of the same are as under:

S. No.Name of DistrictPending Cases
1.East892
2.South-I468
3.South-II533
4.North-East272
5.North-West1210
6.Central459
7.North District502
8.West1500
9.South-West2827
10.New Delhi518

6. Besides this large pendency of matters even dating back to 2003 in some cases, submissions have been made by various counsels from time to time, regarding the irregularity in holding of hearings at the Consumer Fora, highlighting that the Consumer Fora adjourn matters in the cause list itself, give en-bloc dates, do not sit post 12/1

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