Mumbai, August 14, 2026: With the Supreme Court on Thursday coming down heavily on consumer fora across the country for failing to deliver justice within the prescribed timeframe, advocates practising before consumer commissions have welcomed the intervention, saying it was the need of the hour and that the apex court had rightly directed the departments concerned to “pull up their socks”.
Kalyan Redevelopment Dispute Continues
A 72-year-old Kalyan resident, Arvind Budhkar’s case is a classic example of delayed justice. Budhkar, along with 23 other members, is still fighting before the National Consumer Disputes Redressal Commission (NCDRC) to reclaim his home, which he vacated more than a decade ago as part of a long-delayed redevelopment project in Tilak Nagar.
Arvind Budhkar |
Budhkar is one of 24 members of Shankar Chhaya Co-operative Housing Society, which was undertaken for redevelopment by developer Shruti Raj Enterprise. The residents have sought immediate possession of their flats, payment of overdue rent and clarity on the construction timeline.
In their plea, the residents stated that under the development agreement dated October 23, 2007, and its supplementary documents, the 15-storey building was to be completed within three years of the members vacating their flats. However, nearly 17 years later, only 11 floors have been completed, with no construction activity taking place for the past three years.
“We won the case against the developer before the State Consumer Commission in 2019, and we were hopeful about our house, but the judgment was challenged before the National Commission by the developer and the case is just lying before the Commission since then. However, we have got a date this September for its final disposal. Hopefully, we shall get the judgment. The entire process of seeking justice is very much frustrating,” said Budhkar.
Advocate Anand Patwardhan |
Advocates Cite Causes Of Delay
Advocates practising before consumer commissions have cited several reasons for the prevailing pendency.
Advocate Anand Patwardhan, former president of the Consumer Court Advocates’ Association, said the primary cause of pendency was that not all presiding officers of the commissions are judicial members. He said the lack of understanding of legal aspects among technical members, who have no judicial experience, often results in delays.
“This also leads to mishandling of judicial matters, which thus results in order copies which lack judicial application of minds. Senior advocates practising before the Commission often feel that it is an insult to human intelligence while appearing before a few of these non-judicial members,” he said.
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Advocate Ali Kaashif Khan Deshmukh |
Supreme Court Intervention Welcomed
Further speaking on the issue, advocate Ali Kaashif Khan Deshmukh said the Supreme Court’s intervention was “much wanted and needed”.
“As per law books, not every case can be escalated to the National Commission for conducting the trial. The National Commission, strictly, is the appellate authority. However, there are cases which have been selectively picked and chosen, rather than they exhausting the existing remedies of the District and the State Commission. There is a lot of ‘Forum Shopping’ that happens and hence the National Commission is in a jumbled state because of a few of these cases. Only if proper rules are followed, then the system will get a chance to run smooth,” he said.
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