Tribunals lacking infrastructure including Judges to discharge functions: Supreme Court asks NCDRC President to look into disposal of cases

The Supreme Court on Friday took note of the lack of infrastructure, including Judges, in many Tribunals while hearing a petition highlighting the trend of giving long adjournments in the National Consumer Disputes Redressal Commission (NCDRC)..The Bench of Justices DY Chandrachud and KM Joseph was hearing a petition filed under Article 136 of the Constitution which sought to highlight the issue of long adjournments given by the NCDRC in cases before it (LM Jewellers v. The Oriental Insurance Company Ltd. and anr)..In the instant case, the petitioner's complaint before the NCDRC was adjourned for January 2021 when the NCDRC took it up for hearing in February this year. This almost one-year long adjournment, the petitioner averred, would defeat the purpose of the Consumer Protection Act..This was not an isolated case. There appeared to be a trend of granting such long adjournments in the NCDRC, the petitioner claimed and presented a compilation of other similar instances..The Court, while taking note of this submission and the compilation, said that it was cognizant of the fact that many tribunals are functioning with less than adequate infrastructure. A realistic assessment of the ground situation may have led the President of the NCDRC to post the matter after one year, the Court observed.."This Court is cognizant of the fact that several tribunals suffer from a lack of adequate infrastructure including of judges to discharge adjudicatory functions. Hence, 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."Supreme Court.However, since a grievance of this nature has been made earlier as well before the Supreme Court, the Bench opined that it needs to be looked into by the Tribunal on its administrative side. In the interest of propriety, the Court has called for the President of the NCDRC look into the matter.."...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 Court left it open to the petitioner's counsel to bring this trend and emergent facts to the notice of the President of the NCDRC for appropriate steps and action in this regard to be taken..The petitioner was represented by Advocate Nikhil Jain..Read Order: