On Tuesday, August 20, the Supreme Court expressed concerns about the requirement for advocates to file physical copies of appeals and applications at the National Consumer Disputes Redressal Commission (NCDRC) in addition to e-filing. The court observed that this practice undermines the benefits of electronic filing.
A bench consisting of Chief Justice of India (CJI) DY Chandrachud, and Justices JB Pardiwala and Manoj Misra, was addressing a petition seeking improved e-filing facilities at the NCDRC and state commissions.
Justice AP Sahi, President of the NCDRC, who joined the hearing virtually, explained that delays are currently due to the migration of data from the old e-Dakhila portal to the new e-Jagriti system.
The petitioner’s counsel argued that despite the availability of e-filing, physical submissions are still required at the NCDRC, and some state commissions are not adhering strictly to e-filing protocols.
CJI Chandrachud concurred with the petitioner’s concerns, noting that the requirement for physical copies creates an unnecessary burden on advocates and urged the NCDRC to address the issue promptly. He questioned, “If advocates are filing online, why are physical copies still necessary?”
Justice Sahi responded that the reliance on physical copies is a temporary measure due to the incomplete data migration to the e-Jagriti platform. He mentioned that resolving this would require additional staff and resources.
CJI Chandrachud emphasized, “If the Court mandates physical copies, it is the Court’s responsibility to manage that requirement.” He further stated, “If we are advancing towards digital processes but simultaneously imposing extra burdens on lawyers, then the point of digital filing is negated.”
The Court acknowledged Justice Sahi’s statement that the e-filing issues are expected to be resolved by September 15 and instructed the NCDRC President to confer with the Secretary of the Ministry of Consumer Affairs.
In May 2023, the Supreme Court criticized the NCLAT’s practice of mandating physical filings alongside e-filing. The Court had remarked that, rather than reverting to outdated practices, the judiciary should adapt to technological advancements, highlighting that modernization should be embraced by all tribunals.
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