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The right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices: High Court Of New Delhi

The Petitioners was that the District Consumer Dispute Redressal Forum, Janakpuri, Delhi has, till date, not disposed of their consumer complaint, which was filed way back in 2007, and the same issue was held in the judgement passed by a single bench judge JUSTICE PRATHIBA M. SINGH, in the matter MOHAN PRASAD (SINCE DECEASED) THROUGH: HIS LRS SH. YOGESH & ORS V. EMPLOYEES STATE INSURANCE CORPORATION & ANR. dealt with an issue mentioned above.

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, In this case of the Petitioners, it was stated that there was medical negligence, which led to the demise of his young son.

Mr Jha, ld. Counsel for the Petitioners submitted that there has been an enormous delay in the adjudication of this matter. Later Mr Abhik, ld. Counsel for the Respondents, also submitted that he has no objection if the direction is W.P.(C) 12490/2021 passed by this Court for expeditious disposal of this case, before the Consumer Forum.

The parties submitted the matter before the Consumer Forum has proceeded as down below:

  • Petitioner-father filed Consumer Complaint No.892/2007 before the Consumer Forum on 17th October 2007.
  • Reply and rejoinder were filed by the Respondents and Petitioners respectively, in February-April, 2008.
  • Evidence was concluded on 4th November 2008, and the matter was fixed for arguments. Accordingly, various written submissions were filed by both parties between 2007 and 2009.

And few more facts were mentioned by the parties. Meanwhile, nine years have been passed and the matter was not been finally heard.

Besides addressing this Court on the delay in this specific case, ld. Counsels appearing for both parties have also raised various grievances about how the Consumer Forum is functioning. It was further submitted by ld. Counsels that on most occasions, proceedings are not held for the entire duration of the working hours.

Accordingly, the proceedings of this case including the case history as downloaded from the website, shows that evidence had concluded way back in 2008, and arguments have not been heard for the last 13-14 years. Even the constitution of the Medical Board was directed after the conclusion of the evidence.

Later both counsels had informed the Court that the vacancies in the Consumer Forum have now been filled and the requisite quorum is available for hearing the matter. 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.

Accordingly, the worthy Registrar General of this Court, shall obtain a report from the Registrar or Secretary, District Consumer Dispute Redressal Forum, Janakpuri, Delhi, containing the following details:

  1. List of complaints pending for final hearing;
  2. Date of the institution of the said complaints;
  3. Date when evidence was concluded in the said complaints;
  4. Any infrastructural requirements in the said forum;
  5. Status of vacancies of presiding officers including Chairperson and members

The court perused the facts and argument’s presented, it thought that- “A proper breakup of these details, in the form of a chart, shall be placed before this Court by the next date of hearing. This matter shall be treated as a part-heard matter. With these observations, this petition and all pending applications are disposed of”.

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Judgment Reviewed By: Mandira BS

 

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