The Delhi High Court recently comprising of a bench of Justice Prathiba M. Singh while dealing with a petition highlighting that the District Consumer Dispute Redressal Forum (West), Janakpuri, Delhi had not disposed of their consumer complaint, which was filed way back in 2007 has called for a report in respect of filling up of vacancies and infrastructure requirements across all District Fora and the State Consumer Redressal Forum in the State. (Mohan Prasad (Since Deceased) V. Employees State Insurance Corporation & Anr.)
Facts of the Case
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.
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: (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.
Contention of the Parties
The counsel for the Petitioners informed 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.
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 fridges, air conditioners, laptops, etc.
Courts Observation
The bench taking note of the and long pendency of the matters for final arguments before one District Consumer Forum in Delhi remarked, “Considering the nature of the issues raised and long pendency of the matters for final arguments before one District Consumer Forum in Delhi, it is deemed appropriate to call for further report from the Registrar/ President State Consumer Disputes Redressal Forum, GNCTD (hereinafter “State Forum”) for placing the following information about the State forum and all District Consumer Disputes Redressal Fora (hereinafter “District Fora”) in Delhi i.e.,
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 President and members and other staff members. “
The bench directing the report of the President State Consumer Redressal Forum, in this respect, be placed on record within four weeks noted, “In addition, considering the nature of the vacancies and the further requirements of the Consumer Forum, let a copy of the report of the District forum, which is filed, be supplied to the ld. counsels for the GNCTD as also to ld. counsel for the Petitioners. The GNCTD shall look into the infrastructural requirements and vacancies at the Consumer Forum and shall take immediate steps for filling up the vacancies and for provision of the basic infrastructure as requested, such as laptops, computers, toilets facilities, water facilities, refrigerator, etc. as has been requisitioned by the President of the Consumer Forum in this report.”
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