Granting Long Adjournments In Consumer Complaints: SC Asks NCDRC President To Look Into The Grievance [Read Order]

Update: 2020-08-14 14:19 GMT
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The Supreme Court has requested the President of National Consumer Disputes Redressal Commission to look into grievance that it is granting long adjournments in consumer complaints.The bench of Justices DY Chandrachud and KM Joseph observed thus while disposing an SLP filed by LM Jewellers who submitted before it that, on 28 February 2020, the National Consumer Disputes Redressal...

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The Supreme Court has requested the President of National Consumer Disputes Redressal Commission to look into grievance that it is granting long adjournments in consumer complaints.

The bench of Justices DY Chandrachud and KM Joseph observed thus while disposing an SLP filed by LM Jewellers who submitted before it that, on 28 February 2020, the National Consumer Disputes Redressal Commission adjourned the hearing of a consumer complaint to 5 January 2021. It submitted that an adjournment of nearly a year defeats the purpose of the Consumer Protection Act 1986. Pointing out similar orders, it further alleged that such orders are being passed by the NCDRC as a matter of routine course and that a pattern has emerged of granting long adjournments in consumer complaints.

Addressing these contentions, the Court said that several tribunals suffer from a lack of adequate infrastructure including of judges to discharge adjudicatory functions and therefore the Presiding Judges allocate dates on the basis of a realistic assessment of when cases can be disposed of when they are listed for final disposal. The court further observed:

"Since a grievance of the above nature has been made before this Court, we consider it proper and appropriate to request the President of the NCDRC to look into the grievance and to take an institutional decision on the administrative side. This is an issue on which, it is only proper and appropriate that this Court should defer to the administrative authority of the President of the NCDRC to ensure that the allocation of work and disposal of cases takes place in a streamlined manner."

The bench then directed the petition to bring these issues to the notice of President of the NCDRC.

Case name: M/S L.M. JEWELLERS vs. THE ORIENTAL INSURANCE COMPANY LIMITED 
Case no.: SLP No(s).8648/2020
Coram: Justices DY Chandrachud and KM Joseph 
Counsel: AOR Nikhil Jain

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