On 15/02/2021, division bench of Hon’ble Supreme Court of India in Civil Appeal No. 9404/2019, titled Sudipta Chakrobarty & Anr. Vs. Ranaghat S.D. Hospital & Ors., issued direction to the President of National Consumer Disputes Redressal Commission, pertaining to delay in passing reasoned orders/judgments. In the instant case, the operative order was pronounced on 26/04/2019, and in the reasons disclosed, there is a hiatus period of eight months i.e. 20/12/2019 by the National Consumer Disputes Redressal Commission.

The Hon’ble Supreme Court had vide Order dated 08.1.2020 directed the Registrar of the National Commission to submit a Report stating the number of cases in which reasoned judgments had not been passed, even though the operative order had been pronounced in Court. By the report dated 27.7.2020, the Hon’ble Court has been informed that as on 20.12.2019, there were 85 such cases in which the operative order had been pronounced, but reasoned judgments were not delivered so far.

Hon’ble Court has referred its judgment in Anil Rai Vs. State of Bihar 2001 (7) SCC 318, wherein, it was held 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 the party aggrieved to challenge the impugned judgment on merits and even the succeeding party is unable to obtain the fruits of success of the litigation.

Hon’ble Court has, inter alia, referred to its judgment in Zahira Habibulla M. Sheikh & Ors. Vs. State of Gujarat & Ors. AIR 2004 SC 3467, wherein, the delay in delivery of judgments has been observed to be in violation of Article 21 of the Constitution of India and the problems gets aggravated when the operative portion is made available early, and the reasons follow much later, or are not made available for an indefinite period.

Hon’ble Court has directed that, “Let this Order be placed before the President of the National Consumer Disputes Redressal Commission to look into the matter, and take necessary steps so that this practice is discontinued, and the reasoned Judgment is passed along with the operative order. We would like to observe that in all matters where reasons are yet to be delivered, it must be ensured that the same are made available to the litigating parties positively within a period of two months.”