AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2002 (8) TMI 835
X X X X Extracts X X X X
X X X X Extracts X X X X
....n. Hence, this appeal. 2. In the present case, complainant respondent filed Original Petition before the National Commission on 26.8.1993 alleging that his son aged 21 years was admitted to the Breach Candy Hospital, Mumbai on 4.8.1992 for operation of slip disc as he was suffering from backache. It was stated that before that, he had returned from USA in the month of June, 1992 after obtaining degree in Business Management. He died on 29th August, 1992 in the hospital itself. For this, he attributed medical negligence. 3. Before filing complaint before the National Commission, the complainant had also filed criminal complaint before the Metropolitan Magistrate, Mumbai for the offences punishable under Sections 304-A/201 and 203 of Indian Penal Code. That prosecution is also pending. The Commission rejected the application by holding that there is no universal rule of law that during the pendency of criminal proceedings, civil proceedings must invariably be stayed. The Commission also observed that there was unexplained delay in moving such application at this stage and, therefore, case requires to be decided at the earliest. 4. In this appeal, the Court issued notice on 7th Dec....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ward, wherever appropriate, compensation to consumers. Penalties for non-compliance of the orders given by the quasi-judicial bodies have also been provided. The object and purpose of enacting the Act is to render simple, inexpensive and speedy remedy to the consumers with complaints against defective goods and deficient services and the benevolent piece of legislation intended to protect a large body of consumers from exploitation would be defeated. Prior to the Act, consumers were required to approach the Civil Court for securing justice for the wrong done to them and it is known fact that decision in suit takes years. Under the Act, consumers are provided with an alternative, efficacious and speedy remedy. As such, the Consumer forum is an alternative forum established under the Act 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. 8. Further, while rejecting the similar contention where the complainant was directed to approach State Commission or District Forum, this Court in Charan Singh v. Healing Touch Hospital and Others [(2....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ere may be cases which do not raise such complicated questions and the deficiency in service may be due to obvious faults which can be easily established such as removal of the wrong limb or the performance of an operation on the wrong patient or giving injection of a drug to which the patient is allergic without looking into the out-patient card containing the warning {as in Chin Keow v. Govt. of Malaysia [(1967) 1 WLR 813 (PC)]} or use of wrong gas during the course of an anaesthetic or leaving inside the patient swabs or other items of operating equipment after surgery. One often reads about such incidents in the newspapers. The 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 and there is no reason why complaints regarding deficiency in service in such cases should not be adjudicated by the Agencies under the Act. In complaints involving complicated issues requiring recording of evidence of experts, the complainant can be asked to approach the civil court for appropriate relief. Section 3 of the Act which prescribes that the provisions of the Act shall be in addition to....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n mind that legislature has provided alternative, efficacious, simple, inexpensive and speedy remedy to the consumers and that should not be curtailed on such ground. It would also be totally wrong assumption that because summary trial is provided, justice cannot be done when some questions of facts are required to be dealt with or decided. The Act provides sufficient safeguards. For this purpose, we would refer to the procedure prescribed under the Act for disposal of the complaint. "13. Procedure on receipt of complaint--(1) The District Forum shall, on receipt of a complaint, if it relates to any goods, (a) refer a copy of the complaint to the opposite party mentioned in the complaint 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 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 in the m....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ng him to give his version of the case within a period of 30-days or such extended period not exceeding 15 days as may be granted by the District Forum or the Commission. For having speedy trial, this legislative mandate of not giving more than 45 days in submitting the written statement or the version of the case is required to be adhered. If this is not adhered, the legislative mandate of disposing of the cases within three or five months would be defeated. 14. For this purpose, even the Parliament has amended Order VIII Rule 1 of Code of Civil Procedure, which reads thus: "Rule-1: Written statement.-The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence : Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons." 15. Under this Rule also, there is a legislative mandate that written statement of defence is to be filed within 30 days. However, if....
X X X X Extracts X X X X
X X X X Extracts X X X X
....examine the experts if required in appropriate matter. It is equally true that in cases where it is deemed fit to examine experts, recording of evidence before a Commission may consume time. The Act specifically empowers the Consumer Forums to follow the procedure which may not require more time or delay the proceedings. Only caution required is to follow the said procedure strictly. Under the Act, while trying a complaint, evidence could be taken on affidavits [under Section 13(4)(iii)]. It also empowers such Forums to issue any Commission for examination of any witness [under Section 13(4)(v)]. It is also to be stated that Rule 4 in Order XVIII of C.P.C. is substituted which inter alia provides that in every case, the examination-in-chief of a witness shall be on affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for evidence. It also provides that witnesses could be examined by the Court or the Commissioner appointed by it. As stated above, the Commission is also empowered to follow the said procedure. Hence, we do not think that there is any scope of delay in examination or cross-examination of the witnesses. The affidavits of the ex....
X X X X Extracts X X X X
X X X X Extracts X X X X
....before the National Commission, as on 1st April 2002, 7582 matters were pending, which consisted of 1495 original petitions, 2330 first appeals and 3757 revision petitions. It is true that for disposal of these many matters in a stipulated time limit as prescribed under the Act or the Rules, one Bench may not be in a position to cope up with the work. 23. For reducing the arrears and for seeing that complaints, appeals and revisions are decided speedily and within stipulated time, we hope that President of National Commission would draw the attention of the Government for taking appropriate actions within stipulated time and see that object and purpose of the Act is not frustrated. 24. Further, National Commission has administrative control over the State Commissions and District Forums as provided under Section 24-B, which reads thus: "24B. Administrative Control.-(1) The National Commission shall have administrative control over all the State Commissions in the following matters, namely (i) calling for periodical return regarding the institution, disposal pendency of cases; (ii) issuance of instructions regarding adoption of uniform procedure in the hearing of matters, pr....
X X X X Extracts X X X X
X X X X Extracts X X X X
....disputes redressal agencies have to a considerable extent, served the purpose for which they were created, the disposal of cases has not been fast enough. Several bottlenecks and shortcomings have also come to light in the implementation of various provisions of the Act. With a view to achieving quicker disposal of consumer complaints by the consumer disputes redressal agencies securing effective implementation of their orders, widening the scope of some of the provisions of the Act to make it more effective, removing various lacunae in the Act and streamlining the procedures, amendments are proposed in the Act, which inter alia, include the following, namely: (i) exclusion of the jurisdiction of the consumer disputes redressal Agencies in respect of claims for which corresponding provisions in the special laws exist for the protection of interests of consumers; (ii) provisions for creation of Benches of the National Commission and State Commissions as well as holding of circuit benches of these Commissions; (iii) prescribing the period within which complaints are to be admitted, notices are to be issued to opposite party and the complaints are to be decided. Similar provisio....
X X X X Extracts X X X X
X X X X Extracts X X X X
....he date of the receipt of the complaint by him and Commission can give at the most further 15 days for some unavoidable reasons to file its version. 32. Learned counsel for the parties submitted that in the present case, there is a delay of more than nine years in disposal of the complaint. For that purpose, they made a grievance that matters are repeatedly adjourned on one or other ground without following the procedure prescribed under Section 13 of the Act and Rule 14 of the Consumer Protection Rules. The proposed amendment also requires that no adjournment shall ordinarily be granted and in any case if adjournment is required to be granted, reasons for the same are required to be recorded. Further, to discourage granting of repeated adjournments, if National Commission frames necessary regulations heavy cost could be awarded. There is also proposal to add Section 12(3), which reads thus "12(3) On receipt of a complaint made under sub- section (1), the District Forum may, by order, allow the complaint to be proceeded with or rejected: Provided that a complaint shall not be rejected under this sub-section unless an opportunity of being heard has been given to the complainant....