Today, On 21st August, The Supreme Court ruled that seeking physical copies of documents after e-filing would undermine the very purpose of e-filing. This decision was made in relation to cases before the National Consumer Disputes Redressal Commission (NCDRC).
New Delhi: The Supreme Court stated that requesting physical copies of documents from lawyers after they have already submitted them electronically undermines the purpose of e-filing.
This observation made by a bench consisting of Chief Justice D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, during a hearing on Tuesday. The case involved a petition seeking the effective implementation of digital filing systems at the National Consumer Disputes Redressal Commission (NCDRC) and the state consumer disputes redressal commissions (SCDRCs).
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The petition, filed by Usha Garg, highlighted that lawyers are still being required to submit physical copies of documents even after they have been filed digitally.
The bench remarked,
“We also understand the burden on lawyers. If we are moving into the digital world, but on the other hand, we also put the burden on the lawyers for doing additional paper filing, then why have digital filing at all? We had to dispense with it at the Supreme Court two years ago.”
Additionally, the bench acknowledged the concerns raised by Justice A.P. Shahi, the NCDRC chairperson, regarding delays by states in filling vacancies at the SCDRCs, which have negatively impacted judicial functioning.
The Chief Justice of India requested the NCDRC chief to provide details of the pending petitions and assured that the issue of appointments at the SCDRCs would be addressed by the top court promptly.
Justice Shahi, who participated in the hearing virtually, mentioned that the NCDRC experiencing challenges due to issues related to data migration from the “e-Dakhila” portal to “e-Jagriti.” The “e-Dakhila” portal previously used for digital filing at the NCDRC.
The Union Ministry for Consumer Affairs, Food, and Public Distribution has developed the “e-Jagriti” portal specifically for consumer commissions, aiming to streamline the process of resolving consumer disputes.
According to the government’s website, the portal’s primary objective is to provide a “simple, fast, and cost-effective solution for resolving consumer disputes at all levels.”
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The Supreme Court also directed the secretary of the consumer affairs ministry to appear virtually at the next hearing to update the court on the progress made in digital filing.
The bench questioned,
“Once advocates are filing in the online mode, why do we expect them to file physical copies?”
Chief Justice Chandrachud urged the NCDRC chairperson to discuss the issue with government officials to find a swift resolution to the grievances highlighted in the petition.
Previously, the court criticized the National Company Law Appellate Tribunal (NCLAT) for requiring physical filing of pleas in addition to e-filing, calling the practice unnecessary.