Delhi High Court Expects Resumption Of Physical Hearings In Consumer Forums, Priority To Old Matters Where Evidence Concluded

Noting that pending vacancies have been filled in various consumer forums across the State, the Delhi High Court has said that it expects the physical courts ought to resume quickly and that some priority must be given to old matters where the evidence is concluded and are pending for final hearing.

The development came after Justice Pratibha M Singh had in January this year 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 city.

As per the report submitted by the Registrar, Delhi State Consumer Disputes Redressal Commission, there were a total 725 cases pending for final hearing before the State Commission and 6,834 number of cases pending for final hearing before various District Fora. In all these cases, evidence was stated to have been concluded.

Regarding infrastructural support, the report stated that there was an acute shortage of space and support staff in the State and the District Fora.

"Proposals are stated to have been sent by the State Forum to GNCTD, for creation of 62 functional posts, as there are not sufficient junior assistants and multi-tasking staff. This status report has now been handed over to Mr. Vashisht, ld. ASC for GNCTD, who submits that the same would be looked into," the Court noted.

At the outset, Vashisht told the Court that in the State Forum, qua Presiding officers, out of total 5 sanctioned posts, there was only one vacancy and insofar as the District Fora is concerned, there were only three vacancies out of total 30 sanctioned posts. However, assurance was given to the Court that the said vacancies shall also be filled within a period of three months.

The counsel appearing for the Petitioners submitted that even as on today en-bloc dates were being given in the consumer forums. Accordingly, the Court ordered thus:

"Since the vacancies have been filled in the various consumer forums, it is expected that physical Courts ought to resume quickly. Some priority ought to also be given to the old matters where the evidence is concluded and the same are pending for final hearing."

Therefore, the Court sought a further status report to be filed by GNCTD by the next date of hearing in respect of the assurances concerning vacancies and the proposal of the State Forum.

The Court also directed the concerned officials of the Department of Consumer Affairs of Delhi Government to hold meetings with the Registrar or President of State Consumer Disputes Redressal Forum in order to ascertain the requirements.

The Court added that in case any further infrastructural support is to be provided, the same shall also be taken care of in the meeting.

The matter will now be heard on 6th May, 2022.

The Court was dealing with a petition highlighting a grievance that the District Consumer Dispute Redressal Forum (West), Janakpuri, Delhi had not disposed of the consumer complaint, which was filed way back in 2007.

The Petitioner father had lost his son aged 13 years of age and had filed a consumer complaint against the Employees State Insurance Corporation and the Employees State Insurance Hospital. It was the petitioner's case that there was medical negligence, which led to the demise of his young son.

The Court had then called for a report on the aspect of vacancies in respect of staff and members at the said Consumer Forum and also on the urgent requirements for its effective functioning.

Case Title: MOHAN PRASAD (SINCE DECEASED) THROUGH HIS LRS SH. YOGESH & ORS. v. EMPLOYEES STATE INSURANCE CORPORATION & ANR.

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