oppn parties NCDRC Pulled Up For Withholding Reasoned Orders

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Calling the case not 'rarest of rare', a court in Kolkata sentenced Sanjay Roy, the only accused in the R G Kar rape-murder case to life in prison until death
oppn parties
NCDRC Pulled Up For Withholding Reasoned Orders

By Linus Garg
First publised on 2021-02-22 03:19:07

About the Author

Sunil Garodia Linus tackles things head-on. He takes sides in his analysis and it fits excellently with our editorial policy. No 'maybe's' and 'allegedly' for him, only things in black and white.

What happens when someone shows you a chocolate wrapper and says that the chocolate will be given later and delays the delivery endlessly? You are excited but not satisfied. The National Consumer Disputes Redressal Commission (NCDRC) has been doing that for the last few years and it has now invited action from the Supreme Court.

The NCDRC had developed the peculiar habit of issuing the operative part of the order and reserving the reasoning part for delivery at a later date. For the party which won the case, it was like getting the chocolate wrapper and then waiting for the real stuff. For the loser, it was worst. He or she could not appeal against the order before getting the full order in hand.

The Supreme Court has now taken exception of this practice. It has said that "undisputedly, the rights of the aggrieved parties are being prejudiced if the reasons are not available to them to avail of the legal remedy of approaching the court where the reasons can be scrutinized. It indeed amounts to defeating the rights of party aggrieved to challenge the impugned judgment on merits and even the succeeding party is unable to enjoy the fruits of success of the litigation".

It is true that it is not always possible for judicial authorities to pronounce full judgments immediately. Most courts in India reserve their judgments after completing the hearing. But they deliver the full judgment in a reasonable time. In most important cases this can be as early as the next day but in most other cases it is done within a few weeks. The Supreme Court has now asked the President of the NCDRC to ensure that this practice is not adhered to from now on and all pending judgments are delivered to the litigants in two months. This will bring huge relief to parties who have been made to wait endlessly for full judgments from the NCDRC.

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