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HC issues directions for expeditious disposal of cases pending in Consumer Forums pending due to ‘Lack of a uniform method of prioritization’

 Consumer Protection 

The Single Bench of the Delhi High Court in the case of Mohan Prasad (Since Deceased) Through His LRs Sh. Yogesh & Ors. vs Employees State Insurance Corporation & Anr. consisting of Justice Prathiba M. Singh issued directions for expeditious disposal of cases pending in Consumer Forums pending due to “lack of a uniform method of prioritization”.

Facts

Vide a previous order dated 6th September 2022, the 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. That report was received along with various other documents, including inspection reports basis visits to the District Fora, wherein directions of this Court were sought on matters pertaining to a separate District Consumer Disputes Redressal Commission for Shahdara District, filling up all existing vacancies of Presidents and Members in District Commissions, strict timings/working hours for District Commissions, separate Mediation Cell for all the Districts Consumers Redressal Commissions, etc.

Observations of the Court

The Bench noted that the report stated that there were a large number of matters pending for final arguments after conclusion of evidence: 

 

“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.”

Order

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 was directed as under:

 

  • Registrars of the concerned District Fora shall start listing final matters for hearing at 2:30 pm daily, with effect from 14th November 2022.
  • The said matters shall be listed in a chronological manner, starting from the oldest cases first.
  • Advance publication shall be made in the cause list so that the lawyers and litigants are duly informed.
  • 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.

In the meantime, in view of the findings in the report, a meeting was directed to be held in the Chamber of the Registrar General on 10th November 2022 at 4:30 pm for consideration of the other matters as stated above. The said meeting was to be attended by:

  • President/member each of the District Consumer Disputes Redressal Fora in Delhi
  • Registrar, Delhi State Consumer Disputes Redressal Commission
  • Secretary, Ministry of Consumer Affairs, Food & Public Distribution, GNCTD
  • Mr. Satyakam and Mr. Sameer Vashisht, ld. ASCs, GNCTD
  • Counsel(s) for the Petitioner
  • Officials of the team of worthy Registrar General, who had conducted inspection of various District Fora.
  •  

The minutes of the meeting were directed to be placed before this Court on/before the next date of hearing, i.e., 22nd November 2022 at 2:30 pm.

 

Case: Mohan Prasad (Since Deceased) Through His LRs Sh. Yogesh & Ors. vs Employees State Insurance Corporation & Anr.

Citation: W.P.(C) 12490/2021

 

Bench: Justice Prathiba M. Singh 

 Decided on: 1st November 2022


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