SC directs NCDRC to pronounce judgment in a matter which was “reserved for judgment” from 24 October 2019

In an order dated 29.07.2020, the Supreme Court of India directed Hon’ble National Consumer Disputes Redressal Commission to take necessary steps for the pronouncement of judgment expeditiously in EA No. 281/2018 wherein the matter was ‘reserved for judgement” on 24.10.2019. The Court directed the registry of NCDRC to place the application dated 23.06.2020 before the concerned bench within one week.

The grievance of the applicant is that the Hon’ble Member who heard the Execution Application is due to retire on 31.08.2020 and the judgment has not been pronounced despite the principles enunciated by the Apex Court in Anil Rai Vs. State of Bihar (2001) 7 SCC 318.

In the above-captioned matter the Apex Court expressed concerns about the slackness on the part of few judges in superior courts in India in pronouncing judgements after lapse of several months and perhaps even years since completion of arguments. The Court noted that for the High Courts, no period for pronouncement of judgment is contemplated either under the Code of Civil Procedure or the Criminal Procedure Code, but as the pronouncement of the judgment is a part of justice dispensation system, it has to be without delay.
It is in this regard, the Court chalked out some remedial measures which included permitting the parties to file an application in the High Court with prayer for early judgment where a judgment has not been pronounced within three months from the date of reserving judgment and any such application shall be listed before the Bench concerned within two days excluding holidays. The Court also stated where a judgment, for any reason, is not pronounced within a period of six months any of the parties of the said lis shall be entitled to move an application before the Chief Justice of the High Court with a prayer to withdraw the said case and to make it over to any other Bench for fresh arguments.