Delhi High Court
Mohan Prasad (Since Deceased) ... vs Employees State Insurance ... on 19 July, 2022
$~1(SB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 19th July, 2022
+ W.P.(C) 12490/2021
MOHAN PRASAD (SINCE DECEASED) THROUGH HIS LRS SH.
YOGESH & ORS. ..... Petitioners
Through: Mr. Gaurav Jha, Advocate.
(M:9810055432)
versus
EMPLOYEES STATE INSURANCE CORPORATION
& ANR. ..... Respondents
Through: Mr. Satyakam, ASC, for R-3.
(M:9868219633)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J.(Oral)
1. Mr. Satyakam, ld. ASC for the GNCTD submits that a Selection
Committee has been constituted for the purpose of appointment of members
in respect of the vacant positions in the District and State Consumer
Disputes Redressal Fora. He submits that further infrastructure has also
been sought and the same is being coordinated with the concerned officials.
He seeks four weeks' time to place the further status report on record.
2. Insofar as the infrastructure is concerned, the concerned officials of
the Department of Consumer Affairs, GNCTD shall continue their
interactions with the President, State Consumer Disputes Redressal Forum,
GNCTD, so as to ensure that the infrastructure is now put in place, before
the next date of hearing.
3. Let the status report in this regard be now filed within four weeks.
The same shall give details of the infrastructure provided and also inform
Signature Not Verified
By:DEVANSHU JOSHI
Signing Date:22.07.2022
11:47:42
the Court as to the status of the vacancies in the District and State Consumer
Disputes Redressal Fora, including the staff.
4. Mr. Gaurav Jha, ld. Counsel appearing for the Petitioner, submits that
the District Consumer Fora only sit for a limited amount of time between
11:30 am to 12:20 pm and between 12:20 pm to 1:10 p.m, as is evident from
the cause list which has been shown to the Court.
5. Reference is made to Section 5 of the Consumer Protection
Regulations, 2005 which provides hearing hours of the Consumer Fora. The
same is extracted hereinbelow:
"5. Hearing hours.-Subject to the provisions of
the rules, the normal working hours of the
Consumer Forum for hearing matters shall be
from 10.30 am to 1.00 p.m and 2.00 p.m to 4.00
p.m on all working days of the Central
Government in the case of the National
Commission and on all working days of the State
Government in the case of the State Commission
and the District Forum"
6. The above regulation clearly shows that all Consumer Fora have to
function between 10:30 am to 1:00 pm and 2:00 pm to 4:00 pm. Strict
observance of the working hours, as prescribed under Regulation 5 extracted
hereinabove is also envisaged in the Consumer Protection (Administrative
Control Over the State Commission and the District Forum) Regulations,
2018, which has been extracted below:
"3. Observance of work.-(1) The State
Commission and the District Forum shall list
sufficient matters on each working day, to ensure
that the work does not finish before the close of the
hearing hours as prescribed in Regulation 5 of the
Signature Not Verified
By:DEVANSHU JOSHI
Signing Date:22.07.2022
11:47:42
Consumer Protection Regulations, 2005"
7. Mr. Jha, ld. Counsel for the Petitioner submits that apart from the
hours provided for the video conferencing, in the cause list shown to the
Court, the Consumer Forum does not sit beyond the timing as specified
therein. This would be a cause for concern inasmuch as the link as per the
said cause list shows the functioning of the District Consumer Fora, only
from 11:30 am to 1:10 pm.
8. Considering the large pendency in the District Fora and the State
Forum, it is urged that the President, State Consumer Disputes Redressal
Forum shall look into this matter. The Consumer Forum(s) ought to function
for the full working hours for hearing matters between 10:30 a.m. and 1:00
p.m. and from 2:00 p.m. to 4:00 p.m., on a daily basis, as per the
Regulations. A report be submitted by Ms. Sumanta Chakraborty, Registrar,
Delhi State Consumer Disputes Redressal Commission, A-Block, Vikas
Bhawan, I.P. Estate, New Delhi-110002 (T-011-23370799) before the next
date of hearing, as to the status of the working hours, especially in the
District Forum(s).
9. Copy of the present order be communicated to the Registrar, State
Consumer Disputes Redressal Forum.
10. List on 6th September, 2022.
11. This is a part-heard matter.
PRATHIBA M. SINGH
JUDGE
JULY 19, 2022
dj/ms/ad
Signature Not Verified
By:DEVANSHU JOSHI
Signing Date:22.07.2022
11:47:42
