Petitioner sought direction to decide a pending consumer complaint within six months. The Court found no inordinate delay and lacks knowledge of the forum's roster, but directed expeditious disposal and prohibited unnecessary adjournments.
Directed District Consumer Forum to decide the case expeditiously and not grant unnecessary adjournments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 21
Case :- WRIT - C No. - 27037 of 2020
Petitioner :- Saroj Respondent :- Consumer Forum And 2 Others Counsel for Petitioner :- M J Akhtar
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner.
The petitioner is before this Court for a direction to respondent no.1 i.e. District Consumer Forum, Kushinagar through its Chairman to decide the complaint case bearing no.182 of 2019 (Saroj & Ors. v. Senior Divisional Manager, National Assurance Company Ltd. Bank Road, Gorakhpur & Anr.) under Section 12 of Consumer Protection Act, 1966.
The Court has proceeded to examine the record in question and find that there is no inordinate delay in deciding the case in question so as to make interference under Art.226 of the Constitution of India. The Court is totally unaware of the roster and catalogue that is maintained at the court concerned and in what way and manner the court concerned is working, as such this Court cannot give direction to decide the case in question within the stipulated time frame, but certainly it is made clear that no unnecessarily adjournment shall be granted in the case and all endeavour should be made to decide the case expeditiously and preferably within six months, subject to cooperation of parties as well as convenience/roster of the court concerned.
With the above, present writ petition is disposed of .
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 18.1.2021 SP/
1 issue framed by the court
Whether writ court can direct the District Consumer Forum to decide the pending complaint within a stipulated time despite absence of inordinate delay.
Saroj
Consumer Forum And 2 Others
Mahesh Chandra Tripathi
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
