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 : 22-11-2022
| Table of Content |
|---|
| 1. significant backlog in consumer dispute hearings. (Para 2 , 3) |
| 2. need for improved infrastructure and mediation cells. (Para 4) |
| 3. establishment of district consumer forum in shahdara. (Para 5 , 6) |
| 4. filling vacant positions in consumer fora. (Para 7 , 8 , 9 , 10 , 11) |
| 5. utilization of existing mediation centres. (Para 12 , 13) |
| 6. resuming of final hearing matters. (Para 14) |
| 7. next hearing scheduled for ongoing updates. (Para 15 , 16) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. In the previous order dated 1st November, 2022, it was recorded by this Court that the pendency of consumer disputes before various District Consumer Disputes Redressal Fora (hereinafter "DCDRCs") across Delhi is substantial, especially in matters where evidence has already been concluded and only final arguments are pending. The complete list of such matters pending for final arguments was extracted in the said order dated 1st November, 2022. Various other concerns that were raised in respect of hearings not being held regularly, en-bloc adjournments, lack of infrastructure facilities, etc., were also considered on the said date. Accordingly, the following directions were issued:
"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 PM on most days, and do not hold physical hearings. These issues also seem to have been recorded in the inspection reports, placed by the worthy Registrar General. Considering the large pendency of hearing matters and lack of a uniform method of prioritization, to ensure expeditious disposal of such matters, especially where evidence has been concluded long ago, it is directed as under:
(a) Registrars of the concerned District Fora shall start listing final matters for hearing at 2:30 pm on a daily basis, with effect from 14th November, 2022.
(b) The said matters shall be listed in a chronological manner, starting from the oldest cases first.
(d) Advance publication shall be made in the cause list so that the lawyers and litigants are duly informed.
(e) Monthly reports shall be submitted by the concerned Registrars, District Fora to the worthy Registrar General of the status of disposal of the final matters.
7. In the meantime, in view of the findings in the report, let a meeting be held in the Chamber of the worthy Registrar General for consideration of the following matters:
(a) Creation of a District Consumer Forum in Shahdara, which is the only district lacking a District Forum;
(b) Feasibility of change of nomenclature of DCDRC (South I) and DCDRC (South II), as per clause (ii) of paragraph 11 of the report extracted above.
(c) Provision of requisite infrastructure in all the District Fora, wherever the same is currently lacking.
(d) Feasibility and Modalities for creation of mediation cells at the relevant District Consumer Fora or creating arrangements with existing mediation centres for deputation of mediators on fixed days and times, while creation of permanent centres is underway.
8. The said meeting shall be attended by:
(a) President/member each of the District Consumer Disputes Redressal Fora in Delhi;
(b) Registrar, Delhi State Consumer Disputes Redressal Commission;
(c) Secretary, Ministry of Consumer Affairs, Food & Public Distribution, GNCTD;
(d) Mr. Satyakam and Mr. Sameer Vashisht, ld. ASCs, GNCTD;
(e) Counsel(s)
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 for operational reforms in District Consumer Fora to enhance efficiency, prioritize case disposal, and ensure adequate infrastructure support.
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.
The Court emphasized the critical need for timely appointments and operational infrastructure for consumer dispute redressal bodies, directing states to comply with the Consumer Protection Act requir....
Consumer Protection Forums operate as judicial authorities, thus arbitration agreements do not automatically impede their jurisdiction.
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