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
| 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 District | Pending Cases |
| 1. | East | 892 |
| 2. | South-I | 468 |
| 3. | South-II | 533 |
| 4. | North-East | 272 |
| 5. | North-West | 1210 |
| 6. | Central | 459 |
| 7. | North District | 502 |
| 8. | West | 1500 |
| 9. | South-West | 2827 |
| 10. | New Delhi | 518 |
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
The court emphasized the need for operational reforms in District Consumer Fora to enhance efficiency, prioritize case disposal, and ensure adequate infrastructure support.
Court ordered prompt establishment of District Consumer Forum in Shahdara and improvement of infrastructure in Consumer Fora to ensure timely hearings and facilitate mediation under Consumer Protecti....
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.
Long delays in consumer complaint resolutions violate principles of effective justice, necessitating immediate infrastructural improvements and staffing in Consumer Fora.
Court emphasized strict adherence to operational hours for Consumer Fora to ensure efficient functioning and address case backlogs, mandating compliance with regulations.
Establishes framework for improving infrastructure and procedures in consumer dispute fora under the Consumer Protection Act, 1986.
Timely pronouncement of orders and the impact of vacancies and shortage of staff on the functioning of the DCDRC.
Judicial discipline mandates timely judgment pronouncements to ensure effective administration of justice, with administrative deficiencies requiring urgent corrective measures.
Writ petition dismissed as infructuous due to subsequent government appointments fulfilling the prayed relief.
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