Why Ask Lawyers To File Physical Copies In Addition To E-Filed Copies? Supreme Court Asks NCDRC

The Supreme Court on Tuesday (August 20) verbally observed that asking advocates to file physical copies of their appeals/applications at the National Consumer Disputes Redressal Commission (NCDRC) in addition to virtual filing would defeat the purposes of e-filing.

The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing a petition seeking efficient E-filing facilities at the National Consumer Dispute Redressal Commission (NCDRC)and State Commissions.

NCDRC President, Justice AP Sahi who was present virtually submitted that presently the NCDRC is facing delays due to pending data migration from the earlier portal e-Dakhila to e-Jagriti. 

The counsel for the petitioner stated that it is a mandatory requirement to physically file the matters even after E-filing at NCDRC. Also, several state commissions weren't religiously following the E-filing procedures.

CJI agreeing to the contention of the petitioner, noted that the present system unnecessarily burdens the advocates, and it is upon the NCDRC to resolve the issue at earliest. 

"Once advocates are filing in the online mode, why do we expect them to file physical copies?", CJI wondered. In response, Justice Sahi explained that because of the delay in completely shifting the data to the new e-Jagriti platform, the NCDRC has to still rely upon physical copies in the meantime. For the NCDRC to rectify the issue, Justice Sahi highlighted that 4 additional staff (apart from the two NIC officers) and extra expenditure would be required.

"If the Court requires physical copies, the burden is on the Court to discharge," CJI said. 

"We also understand the burden of the Lawyers. If we are moving into the digital world, but on the other hand we also put the burden on the lawyers for doing additional paper filing. Then why have the digital filing at all? We had to dispense it at the Supreme Court two years ago," CJI added.

The Court noted the submission of Justice Sahi that the e-filling platform complexities would be resolved by September 15. The Court however asked the NCDRC President to have a meeting with the Secretary of the Ministry of Consumer Affairs. 

It may be noted that in May 2023 the Top Court deprecated the practice of NCLAT whereby physical filing of appeals was made mandatory in addition to e-filing of appeals. While expressing displeasure regarding the said practice, the Court observed as under:

“…If some judges are uncomfortable with e-files, the answer is to provide training to them and not to continue with old and outmoded ways of working. The judiciary has to modernize and adapt to technology. The tribunals can be no exception. This can no longer be a matter of choice……” 

Case Details : USHA GARG VS. UNION OF INDIA W.P.(C) No. 000313 - / 2024  

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