Delhi High Court seeks report after petitioner and respondent allege consumer forum does not hold court frequently, assembles late

The Delhi High Court last week observed that the manner of functioning of the District Consumer Dispute Redressal Forum (West), Janakpuri, Delhi (Consumer Forum) was a cause for “consternation” and directed a 14-year-old dispute pending before it to be decided by December 22. 2021 (Mohan Prasad (Since Deceased) Through: His Lrs Sh Yogesh and Ors v ESIC and Anr)..The observation came from Justice Prathiba M Singh who also directed the Registrar General of the High Court to obtain from the Registrar or Secretary of the Consumer Forum, details about the cases pending for final hearing and the date of institution of such cases. The Court also asked for details about when the evidence was concluded in those cases and the number of vacancies of the presiding officers including Chairperson and members.Justice Singh was hearing a plea filed by a father who had lost his 13-year-old son in 2007 due to alleged medical negligence. He had filed a consumer complaint before the Consumer Forum in October 2007 against the Employee State Insurance Corporation (ESIC) and Employees State Insurance Hospital.The replies and rejoinders were filed between February-April 2008 and evidence was concluded in November that year after which the matter was fixed for arguments. In the ensuing months the written submissions were also filed but the Consumer Forum directed constitution of a medical board only in December 2010. The medical board took nearly two years to submit its opinion. Though the case was listed for final arguments but it kept getting adjourned either because the files were not traceable, presiding officer was on leave or because complete medical records were available.The petitioner informed the High Court that the next date of hearing is now February 28, 2022..Interestingly, even the respondents informed the High Court that Consumer Forum does not assemble on time and on several occasions the presiding officers do not hold court. They further submitted that on many occasions, proceedings are not held for the entire duration of working hours.In view of the above, the Court ordered that the present case related to death of a minor child for which his father has sought compensation and therefore ought to be adjudicated expeditiously and there cannot be any justification for this delay of nearly 14 years.“It is especially important to note that the case relates to a minor who was 13 years old, who passed away, for which the father sought compensation. Such cases ought to be adjudicated expeditiously and with alacrity. This delay of 14 years has taken place, despite the parties having concluded evidence within one year of the filing of the complaint, because the forum has not finally heard the matter and passed the final judgment. There can be no justification for such a long delay in finally hearing the matter,” Justice Singh wrote in her order.Regarding the manner of functioning of the Consumer Forum, the Court proceeded to seek a detailed report from the Registrar/ Secretary of the Consumer Forum..The matter will be taken up for further hearing on January 6.While advocate FK Jha appeared for the petitioner father, the respondents were represented by Abhik..[Read Order]