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TMI Blog2002 (8) TMI 835X X X X Extracts X X X X X X X X Extracts X X X X ..... t to discharge the functions of a Civil Court. Therefore, delay in disposal of the complaint would not be a ground for rejecting the complaint and directing the complainant to approach the Civil Court. Hence, for avoiding delay in disposal of complaints within prescribed period, National Commission is required to take appropriate steps including: By exercise of Administrative control, it can be seen that competent persons are appointed as Members on all levels so that there may not be any delay in composition of the Forum or the Commission for want of Members; It would oversee that time limit prescribed for filing defence version and disposal of complaints is strictly adhered to It would see that complaint as well as defence version should be accompanied by documents and affidavits upon which parties intend to rely; In cases where cross-examination of the persons who have filed affidavits is necessary, suggested questions of cross-examination be given to the persons who have tendered their affidavits and reply may be also on affidavits; In cases where Commission deems it fit to cross- examine the witnesses in person, video conference or telephonic conference at th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng for the appellants and Mr. R.F. Nariman, the learned senior counsel appearing for the intervenors that some guidelines will have to be laid down which are more precise in nature with regard to the type of cases which the Consumer Forum will not entertain, keeping in mind the decision of this Court in Indian Medical Association v. V.P. Shanta [(1995) 6 SCC 651] in paragraph 37. List after six weeks on a non-miscellaneous day before a Bench of Three Judges. In the meantime, there will be no stay of proceedings. Learned senior counsel Mr. Nariman first submitted that considering - (a) the inordinate delay in disposal of the complaint, (b) complicated question of law and facts involved in this case depending upon medical experts opinion summary procedure is not proper remedy for deciding such issues, hence complainant should be directed to approach the Civil Court. Reasons for delay as submitted by the Learned Counsel for the parties: a) Delay in making appointment of the Chairman and Members of the Forum or Commission including National Commission; b) Not providing adequate infrastructure; c) Delay because of heavy workload and there is only one Bench of the Nationa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acting the legislation, of a speedy summary trial, to settle the claim of the complainant (consumers) has been respected in breach. The spirit of the benevolent legislation has been overlooked and its object frustrated by non-suiting the appellant in the manner in which it has been done by the National Consumer Forum. It was further observed that the Consumer Forums must take expeditious steps to deal with the complaints filed before them and not keep them pending for years. It would defeat the object of the Act, if summary trials are not disposed of expeditiously by the forums at the District, State or National levels. Steps in this direction are required to be taken in the right earnest . Learned counsel for the appellant next contended that the present case involves complicated question of facts for which experts including doctors would be required to be examined and their cross- examination may be necessary, therefore also, the National Commission ought to have directed the complainant to approach the Civil Court. For this purpose, the reliance is placed upon the decision of this Court in Indian Medical Association v. V.P. Shantha and others [(1995) 6 SCC 651 para 37] and i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt for necessary relief. We are, therefore, unable to hold that on the ground of composition of the Consumer Disputes Redressal Agencies or on the ground of the procedure which is followed by the said Agencies for determining the issues arising before them, the service rendered by the medical practitioners are not intended to be included in the expression 'service' as defined in Section 2(1)(o) of the Act.. In the aforesaid case, the Court was dealing with a contention that services rendered by the medical practitioners are not intended to be included in the expression service as defined in Section 2(1)(o) of the Act. That contention was negatived by the Court. Further from this decision, it is apparent that it is within the discretion of the Commission to ask the complainant to approach the civil court for appropriate relief in case complaint involves complicated issues requiring recording of evidence of experts, which may delay the proceeding. But the court has specifically held that issues arising in the complaints in such cases can be speedily disposed of by the procedure that is being followed by the Consumer Disputes Redressal Agencies. Further, under the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of which the procedure specified in sub-section (1) cannot be followed, or if the complaint relates to any services, (a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum; (b) where the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District forum, the District Forum shall proceed to settle the consumer dispute, (i) on the basis of evidence brought to its notice by the complainant and the opposite party, where the opposite party denies or disputes the allegations contained in the complaint, or (ii) on the basis of evidence brought to its notice by the complainant where the opposite party omits or fails to take any action to represent his case within the time given by the Forum. (3) No proceedings complying with the procedure laid down in sub-sections (1) and (2) shall be called in question in any court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Act, the legislative intent is not to give 90 days of time but only maximum 45 days for filing the version by the opposite party. Therefore, the aforesaid mandate is required to be strictly adhered to. Further, under Section 13(4) of the Act, the Commission or the Forum is empowered to exercise the powers vested in Civil Court for discovery and production of any document, the reception of evidence on affidavit and of issuing of any commission qua examination of any witness. In view of the aforesaid provisions, the Commission can certainly refer to Order VII Rule 14 which provides that where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such documents in a list, and shall produce it in the Court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint. It appears that this mandatory requirement is not followed and thereafter, there is complaint of delay in disposal. Similarly, in case of written statement under Order VIII Rule I-A, defendant is required to produce the documents relied upon by him when written submission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an easily evolve a procedure permitting the party who intends to cross-examine by putting certain questions in writing and those questions also could be replied by such experts including doctors on affidavits. In case where stakes are very high and still party intends to cross-examine such doctors or experts, there can be video conferences or asking questions by arranging telephone conference and at the initial stage this cost should be borne by the person who claims such video conference. Further, cross- examination can be taken by the Commissioner appointed by it at the working place of such experts at a fixed time. In any case, for avoiding the delay the District Forum or Commissions can evolve a procedure of levying heavy cost where adjournment is sought by a party on one or the other ground. This would have its own impact on disposing the complaints, appeals or revisions within the stipulated or reasonable time. For avoiding delay in disposal of cases, the procedure and the time limit prescribed under the Act and the Rules is required to be strictly adhered and followed. If there is proper mind set to do so on the part of all concerned, delay in disposal to a large extent c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eedy grant of copies of documents; (iii) generally overseeing the functioning of the State Commissions or the District Fora to ensure that the objects and purposes of the Act are best served without in any way interfering with their quasi-judicial freedom. (2) The State Commission shall have administrative control over all the District Fora within its jurisdiction in all matters referred to in sub-section (1). It can be hoped that the National Commission would ensure its best to see that District Forums, State Commissions and National Commission can discharge its functions as efficiently and speedily as contemplated by the provisions of the Act. The National Commission has administrative control over all the State Commissions inter alia for issuing of instructions regarding adoption of uniform procedure in hearing of the matters etc. It would have also administrative control in overseeing that the functions of the State Commissions or District Forums are discharged in furtherance of objects and purposes of the Act in the best manner. It is to be stated that the grievances of the learned counsel for the parties is sought to be taken care by the proposed amendment in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g reasons would be made. (v) . (xvii) Further proposed amendments inter alia provides that after sub- section (1) of Section 20, sub-section (1A)(i) and (ii) shall be inserted, which reads thus: (1A)(i) The jurisdiction, powers and authority of the National Commission may be exercised by Benches thereof. (ii) A Bench may be constituted by the President with one or more members as the President may deem fit. Similar provision is introduced for the State Commission by inserting sub-section (1B)(i) and (ii) after sub-section (1) of Section 16, which reads thus: (1B)(i) The jurisdiction, powers and authority of the State Commission may be exercised by Benches thereof. (ii) A Bench may be constituted by the President with one or more members as the President may deem fit. Therefore, the President of the National Commission or the State Commission would have power to form the Benches for disposal of the pending cases. It would certainly depend upon the workload and the time frame contemplated under the Act for disposal of such cases. Proposed Bill also envisages insertion of Sub-section 3A in Section 13 of the Act, which reads as under: (3A) Every compla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch the complaint was received. It is apparent that the aforesaid proposed amendment in the Act mandates the District Forum or the Commission to decide the admissibility of the complaint within 21 days from the date on which the complaint was received by it. This procedure is required to be adhered so that after lapse of some time, objection with regard to maintainability of the complaint is not required to be decided. Other proposed amendments, such as, Sections 22C and 22D, which deal with Circuit Benches and filling up of vacancies in the office of President of District Forum, State Commission or of the National Commission, as the case may be, is not required to be referred to. However, we would mention that Section 30A, which is proposed to be inserted, empowers the Commission to frame regulations with the approval of the Central Government and sub- section (2) empowers the Commission to frame regulations for making provisions for the cost of adjournment of any proceeding before the District Forum, the State Commission or the National Commission. From the proposed amendment in the Act, it is apparent that Parliament is alive to the problems faced by the consumers and t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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