Delhi High Court
Mohan Prasad (Since Deceased) ... vs Employees State Insurance ... on 6 January, 2022
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:08.01.2022
09:54:47
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 6th January, 2022
+ W.P.(C) 12490/2021
MOHAN PRASAD (SINCE DECEASED) THROUGH HIS LRS SH.
YOGESH & ORS. ..... Petitioners
Through: Mr. F.K. Jha, Advocate.
versus
EMPLOYEES STATE INSURANCE
CORPORATION & ANR. ..... Respondents
Through: Mr. Sameer Vashisht, ASC, GNCTD
with Ms. Sanjana Nangia and Ms.
Mahima Arora, Advocates.
Mr. Satyakam, ASC, GNCTD for R-
3.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through video conferencing.
2. The grievance of the Petitioners in the present matter was that the
District Consumer Dispute Redressal Forum (West), Janakpuri, Delhi
(hereinafter "Consumer Forum") had not disposed of their consumer
complaint, which was filed way back in 2007. The Petitioner-father had lost
his son who was just 13 years of age and had filed a consumer complaint
against the Employees State Insurance Corporation/Respondent No.1
(hereinafter "ESIC") and the Employees State Insurance
Hospital/Respondent No.2. The case of the Petitioners is that there was
medical negligence, which led to the demise of his young son.
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:08.01.2022
09:54:47
3. The evidence in the complaint had concluded almost 14 years ago but
the matter was not being finally heard and adjudicated. Vide a detailed order
passed on 9th November, 2021, this Court had directed the Consumer Forum
to expedite the hearing in this matter and had also called for the data relating
to the following information:
"9. Accordingly, considering the protracted delay in
hearing this matter, it is directed that the case shall be
listed before the said Consumer Forum on 22nd
November, 2021. The matter shall then be heard and
final judgment shall be passed by 20th December, 2021.
10. As to the submissions made by ld. counsels
appearing today, concerning the manner of functioning
of the Consumer Forum, this is a cause for
consternation. In light of these submissions, this Court
find it appropriate to ascertain whether there are other
similar cases pending before the Consumer Forum,
and their status. Accordingly, the worthy Registrar
General of this Court, shall obtain a report from the
Registrar or Secretary, District Consumer Dispute
Redressal Forum (West), Janakpuri, Delhi, containing
the following details:
a. List of cases/complaints pending for final
hearing;
b. Date of institution of the said complaints;
c. Date when evidence was concluded in the said
complaints;
d. Any infrastructural requirements in the said
forum; and
e. Status of vacancies of presiding officers including
Chairperson and members.
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:08.01.2022
09:54:47
A proper breakup of these details, in the form of a
chart, shall be placed before this Court by the next
date of hearing."
4. Mr. F.K. Jha. Ld. counsel for the Petitioners, today informs the Court
that the matter relating to the Petitioners has now been disposed of vide
order dated 13th December, 2021 by the Consumer Forum. The said
information is taken on record.
5. Further, in compliance of this Court's order dated 9th November,
2021, a report has been placed on record today by the President, District
Consumer Disputes Redressal Commission -III, West District, Janakpuri,
New Delhi. As per the said report, the President has submitted the
information relating to the vacancies in respect of staff and members at the
Consumer Forum, as also specifying the urgent requirements in the
Consumer Forum, required for its effective functioning. The said
requirements include filling up of the existing vacancies for stenographers,
Data Entry Operators, Sr. Assistant UDC and Class IV personnel. In
addition, the President has also asked for further staff and infrastructure
requirements, such as fridge, air conditioners, laptops, etc.
6. Insofar as the pendency of the cases is concerned, for cases wherein
the evidence recordal has already been concluded, a chart has been placed
on record showing on an yearly basis, that the evidence has been concluded
in several matters, which have not yet been finally heard. The year wise
details are as under:
Year of Institution of Number of Cases/Complaints
Case pending for Final Hearing
(Evidence Concluded)
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:08.01.2022
09:54:47
Total 1344
7. The above numbers of cases are only those where the evidence stands
concluded. It is, therefore, clear that there is a huge backlog of cases in the
Consumer Forum, which could be due to the non-filling of requisite
vacancies as also lack of adequate infrastructure and other facilities.
8. This Court being conscious of the possible administrative and
infrastructural issues faced by the Consumer Forum, had also requested ld.
Counsel for the GNCTD to appear in this matter. Mr. Vashisht and Mr.
Satyakam, ld. Counsels have accordingly, appeared.
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:08.01.2022
09:54:47
9. Considering the nature of the issues raised and long pendency of the
matters for final arguments before one District Consumer Forum in Delhi, it
is deemed appropriate to call for further report from the Registrar/ President
State Consumer Disputes Redressal Forum, GNCTD (hereinafter "State
Forum") for placing the following information about the State forum and all
District Consumer Disputes Redressal Fora (hereinafter "District Fora") in
Delhi i.e.,
a. List of cases/complaints pending for final hearing;
b. Date of institution of the said complaints;
c. Date when evidence was concluded in the said complaints;
d. Any infrastructural requirements in the said forum; and
e. Status of vacancies of presiding officers, including President
and members and other staff members.
10. Let the report of the President State Consumer Redressal Forum, in
this respect, be placed on record within four weeks.
11. In addition, considering the nature of the vacancies and the further
requirements of the Consumer Forum, let a copy of the report of the District
forum, which is filed, be supplied to the ld. counsels for the GNCTD as also
to ld. counsel for the Petitioners. The GNCTD shall look into the
infrastructural requirements and vacancies at the Consumer Forum and shall
take immediate steps for filling up the vacancies and for provision of the
basic infrastructure as requested, such as laptops, computers, toilets
facilities, water facilities, refrigerator, etc. as has been requisitioned by the
President of the Consumer Forum in this report. This Court also notes that
the status report shows that the vacancies in one District Forum, are to the
tune of 4 out of 13, and there are further requirements for Data Entry
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:08.01.2022
09:54:47
Operator, Multi-Tasking Staff, Stenographer etc. Considering that this is the
situation in one District Forum, it is likely that there are a large number of
vacancies and requirements in other fora.
12. Accordingly, the Principal Secretary-cum-Commissioner of the
Department of Consumer Affairs, GNCTD shall coordinate with Hon'ble
Dr. Justice Sangita Dhingra Sehgal (Retd.), President of the State Consumer
Redressal Forum, in order to ascertain the vacancies across the District Fora
in Delhi and further requirements of the District Fora and the State
Forum. The said official shall ensure that after coordination on a regular
basis and taking steps, vacancies for both staff and members are filled up
expeditiously across such fora, and the infrastructural requirements are
provided to such fora on an urgent basis in an expeditious manner.
13. A report shall be placed by Principal Secretary-cum-Commissioner of
the Department of Consumer Affairs, GNCTD, in respect of the filling up of
vacancies and the provision of infrastructure requirements and further
personnel as may be requested, across all District Fora in GNCTD and the
State Forum. Let the same be filed within six weeks. The
Registrar/President of the State Forum shall also place on record the details
of the cases, which are pending, as directed in paragraphs 9 and 10 above
and the status of vacancies and requirements for further staff.
14. Considering the nature of the matter, the GNCTD is impleaded as the
Respondent No.3 in this matter. Let the amended memo of parties be filed
by Mr. Jha, ld. counsel for the Petitioners.
15. It is also clarified that in respect of the order dated 13th December,
2021, disposing of the consumer complaint involved in the present writ
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:08.01.2022
09:54:47
petition, all remedies of the parties in respect of the orders passed are left
open.
16. List for the purposes of receiving of the two reports on 4th March,
2022.
17. This shall be treated as a part-heard matter.
PRATHIBA M. SINGH
JUDGE
JANUARY 6, 2022/dk/MS
