Delhi High Court Orders Fixing Of NCDRC Calendar, Rejects Contention That Summer/ Winter Vacations Would Create Case Backlog

The Delhi High Court has directed that the calendar for National Consumer Dispute Redressal Commission (NCDRC) be fixed in consultation with its President, while taking into account the views and interest of all the stakeholders, including the Bar Association. Justice Sachin Datta rejected the stand of the Union Government that prescribing for vacations in June and December in the Commission would be detrimental as it would lead to backlog of cases, hinder consumers access to justice and negatively impact all the stakeholders. Calling the stand wholly unjustified, the Court said, “It is complete erroneous to suggest that prescribing for vacations, including during June/December, would undermine the salutary object of speedy redressal of consumer disputes.”The Court clarified that thePresident of NCDRC shall have autonomy for determining the judicial calendar, scheduling sittings of the Commission, as may be expedient.“While doing so, it shall be open for the President, NCDRC to prescribe certain days in June/December, during which the Benches shall not be sitting/convening,” the Court said. It disposed of a plea filed by All India Bar Association of National Consumer Disputes Redressal Commission seeking restoration of the summer and winter vacations in the calendar of NCDRC. It was also sought that the calendar be drawn up at par with the calendar of other commissions, tribunals and courts.The Court said that the NCDRC, being an authority vested with wide “judicial powers”, cannot be treated as akin to a government department. It added that the Commission enjoys autonomy as an independent authority exercising judicial functions. Justice Datta took judicial notice of the fact that the cases arising for consideration by the tribunals such as NCDRC often involve complex issues, requiring considerable time in analysis, research and incorporation of detailed legal reasoning in its judgments, for which there may not be sufficient time during regular Courts days. “Moreover, it is a matter of common knowledge that judicial vacations provide a crucial window for technical up-gradation without disrupting the daily proceedings. This period is effectively used to implement improvement in infrastructure, digitalization and case management systems,” it added. Furthermore, the Court noted that a representation was sent by the President of the petitioner Bar Association as well as the President of NCDRC to the Department of Consumer Affairs requesting consideration of the proposal for restoring the practice of Summer and Winter vacations in the Commission that was existing prior to the Pandemic Vacations. Observing that it was unfortunate that the said communication of was not considered by the Union of India, the Court ordered:“In the circumstances, the present petition is disposed of with a direction to the respondent no.1 to consider the aforesaid communication addressed by the President, NCDRC to respondent no.1/Secretary, Department of Consumer Affairs, Food and Public Distribution.”Title: ALL INDIA BAR ASSOCIATION OF NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION v. UNION OF INDIA & ANR.Citation: 2025 LiveLaw (Del) 457Click here to read order

Delhi High Court Orders Fixing Of NCDRC Calendar, Rejects Contention That Summer/ Winter Vacations Would Create Case Backlog

Nupur Thapliyal

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