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The Delhi High Court has sought a a report from the Registrar or Secretary, District Consumer Dispute Redressal Forum (West), Janakpuri, Delhi, after the parties appearing before it informed the Court that the Consumer Forums  do not assemble on time and on several occasions Presiding Officers do not hold court at all.

"It is further submitted by Ld. Counsels that on most occasions, proceedings are not held for the entire duration of the working hours", noted the Court while passing the order.

The court was hearing a petition filed by a father who had lost his son who was just 13 years of age allegedly due to medical negligence. He had filed a consumer complaint against the Employees State Insurance Corporation and the Employees State Insurance Hospital in respect of the incident.

The High Court was told that, till date, the District Forum had not disposed of their consumer complaint, which was filed way back in 2007.

Besides addressing the Court on the delay in their specific case, counsels appearing for both parties raised various grievances about the manner in which the Consumer Forum was functioning.

In the petitioner's case, a bench of Justice Pratibha M Singh noted that the evidence was concluded in the matter in 2008 and the matter had been fixed for arguments since then repeatedly.

"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. In fact, even the constitution of the Medical Board was directed after conclusion of evidence", said the bench.

With specific regard to the nature of the instant case which related to a minor who had passed away at merely 13 years of age, for which the father sought compensation, the Court remarked,

"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."

Being concerned by the manner of functioning of the Consumer Forum, the Court held it to be a cause for consternation. Hence, it found it to be appropriate to ascertain whether there were other similar cases pending before the Consumer Forum, and their status.

Accordingly, the Registrar General, Delhi High Court, has been directed to 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.

"A proper breakup of these details, in the form of a chart, shall be placed before this Court by the next date of hearing", added the Court.

The counsels further informed the Court that the vacancies in the Consumer Forum were now filled and the requisite quorum was available for hearing the matter.

Accordingly, considering the protracted delay in hearing this matter, Justice Singh directed that the case to be listed before the said Consumer Forum on November 22 and after the matter has been heard, the final judgment be passed by December 20.

The matter has now been listed on January 6 for receiving of the status report and compliance.

Cause Title: Mohan Prasad (since deceased) through his LRS Sh. Yogesh & Ors v Employees State Insurance Corporation & Anr.