HC directs Centre to fix NCDRC calendar, rejects argument vacations create backlog
On April 17, Justice Sachin Datta rejected the Centre's stand that prescribing for vacations in June/December would be detrimental as it would lead “to backlog of cases
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The notion that courts have excessive vacations is a “common myth”, it added. (Representational Image/Express File Photo) Upholding the autonomy of National Consumer Dispute Redressal Commission (NCDRC), including in deciding its own calendar of vacations, the Delhi HC has directed the Centre to consider a representation for fixing the calendar in consultation with its president, while taking into account the views and interest of all the stakeholders, including the Bar Association.
On April 17, Justice Sachin Datta rejected the Centre’s stand that prescribing for vacations in June/December would be detrimental as it would lead “to backlog of cases, hinder consumers access to justice and negatively impact all the stakeholders”. The HC termed the argument “wholly unjustified” and said it was “completely erroneous” to suggest that vacations undermine the object of speedy redressal of consumer disputes.
The notion that courts have excessive vacations is a “common myth”, it added.
Justice Datta directed the Centre to consider a communication by the NCDRC president on September 25, 2023, following a representation by the NCDRC’s Bar association on August 29, 2023, for fixing the calendar for commission in consultation with its president and considering the views and interest of all stakeholders, including that of the Bar association.
The HC clarified the NCDRC president has “autonomy for the purpose of determining the judicial calendar of NCDRC/scheduling sittings of the Commission, as may be expedient,” and that it is open for the NCDRC president “to prescribe certain days in June/December, during which the Benches shall not be sitting/convening.”
All India Bar Association of NCDRC in its petition sought restoration of summer and winter vacations in the NCDRC calendar, and that its calendar be drawn up on par with those of other commissions, tribunals and courts. It had submitted that NCDRC was observing summer and winter vacations until 2020 but was discontinued 2021 onwards on account of the pandemic.
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