Delhi State Consumer Dispute Redressal Commission President Justice Sangita Dhingra Sehgal on Tuesday said online filing of cases in consumer courts called E-daakhil, along with E-commerce, have helped aggrieved consumers in quick redressal of their complaints. 

Speaking at an Interaction with Legal Stalwarts Symposium, organised by India Legal Research Foundation (ILRF), Justice Sehgal said the Consumer Protection Act, 1986, has protected the rights of the consumer, besides ensuring speedy redressal of grievances.

Speaking to APN News Editor-in-Chief and India Legal Managing Director Rajshri Rai, Justice Sehgal revealed that a majority of complaints the Commission gets is from the elderly, who had booked flats some 20-30 years ago, but were yet to get possession. They were in pursuit of getting their money back but the construction companies themselves are not in a position to repay them due to other issues such as litigation etc.

She said the Commission was leaving no stone unturned to ensure justice for all complainants.

On medical negligence, she shared a recent incident, in which a person slipped off the bed in a prominent Delhi hospital and died some three days later.  She recounted the case to illustrate the fact that doctors cannot be held responsible for each and every casualty in a hospital, adding that not all deaths in hospitals are due to medical negligence. 

Citing her own judgment delivered in May 2023, Justice Sehgal said that negligence by a doctor cannot be assumed automatically in the case of unsuccessful treatment. 

In May 2023, the DSCDRC had upheld a verdict by the district commission, stating that doctors carrying out their duties with reasonable skill and competency cannot be deemed as negligent and were protected under the law.

A patient had complained that she had made over 50 visits to a doctor’s clinic and paid over Rs 2.10 lakh and was left with severe damage and injury to her teeth and jaw lining. 

The patient demanded compensation of Rs 15,21,000, along with a refund of Rs 19,000, citing professional misconduct and unfair trade practices by the doctor. 

While perusing the case details, the panel of Justice Sangita Dhingra Sehgal and judicial member Pinki found that the appellant did not provide any evidence to support her allegations. It observed that the lack of improvement in the patient’s jaw/teeth lining was insufficient evidence to prove negligence on the part of the doctor.  

Justice Sehgal said in the past three years, consumer courts have done a commendable job. She said as per the new Consumer Protection Act, mediation has been introduced in the commissions and can help reduce pendency of cases in courts and lead to redressal of grievances. 

She said the Delhi State Consumer Dispute Redressal Commission has some 10,000 pending cases at the state level. She noted that better staffing and infrastructure can bring this number down significantly.

The DSCDRC President interacted with law students and young lawyers at the event. Justice Sehgal said the Commission welcomes legal interns and will equip them with knowledge despite the constraints and will award them a certificate on completion of the internship.

Speaking on the occasion, India Legal Research Foundation Chairman and Senior Advocate Pradeep Rai thanked Justice Sehgal for simplifying consumer law for students and the common man. 

He suggested to the young lawyers present to take some time from their schedule and visit the courts to understand the process of the justice delivery system. He further suggested them to practise in the courts and learn from seniors.

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