JS Murthy (none) 02 July 2014

Consumer protection at ncdrc

Friends,

I happened to find FA/110/2005 in NCDRC causelist of 1-7-2014. I wanted to study why it was taking 9 years. Then I found it was reserved for Judgment on 13th Nov 2013. I wondered why the case was reserved for more than 6 months for judgment. Doesn't NCDRC not aware that Justice Bhan instructed that the judgments to be pronounced in 15 Days time( September 2009 https://businesstoday.intoday.in/story/consumer-courts-are-to-write-the-verdict-within-15-days-of-a-hearing/1/8345.html ).

Section 19A puts 90 days limit to dispose a case. Then, how can NCDRC ignore and list it for pronouncement of orders after 225 days!!! What goes from last hearing to Pronounce the orders that late?

Can consumer really depend on Consumer Commissions to get justice ?

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1 Replies

Shivesh Sinha (Legal Adviser) 03 July 2014

Dear Mr. JS MURTHY,

Ref : DELAY IN PRONOUNCEMENT OF JUDGEMENT BY NCDRC AFTER FINAL HEARING OF AN APPEAL

Have perused your query posted on this Forum and I observe that your query relates with abnormal delay in pronouncement of Judgment in F.A. No. 110 of 2005, which is fixed for the purpose on 01.07.2014, though it was kept reserved for same on 13.11.2013 after its final hearing.

Having noticed above fact from the cause list of Hon'ble NCDRC, You are wondered "why the case was reserved for more than 6 months for judgment ?".

And you have raised before this Forum that "Can consumer really depend on Consumer Commissions to get justice? And also, is not the violation of the provisions of law & settled principle of law ?"

In response, I am to state that definitely it is the violation of the essence of enactment of the C.P.Act, 1986 as laid in its Statement of Objects and Reasons and provisions laid u/s 19-A. of the C.P.Act, 1986 & which is probably under the shelter of 3rd proviso of said Sec. 19-A.

Of Course, under said facts & circumstances, the aggrieved concerned party may take shelter of Hon'ble Supreme Court by filling a WRIT APPLICATION as against said violation & irregularity at the end of Hon'ble NCDRC.

Hope, my above view clarifies your well sounded query. Feel free to approach me for any further advise or otherwise in the matter related with Consumer Disputes by linking : www.powertoconsumer.in - the website being launched to empower the Consumers with their Consumer Rights & to extend them free legal advises.

Thanks,

SHIVESH SINHA,

Advocate Cum Legal Adviser to www.powertoconsumer.in