Facing Grave Injustice in Consumer forum.
What can be done? If District Forum is not willing to follow CP ACT, NCDRC and Supreme Court Verdicts and Case law and giving unlawful advantages to Opposite party and engaging in favoritism.
I have filed two complaint in consumer forum in both I see exactly same problem.
In one 2.8 years have passed since filing and In another it has been 1 years in both cases Opposite party has not yet submitted WS.
I submitted multiple application along with various apex court and ncdrc judgement and requested many times to pass exparte order, or to impose cost or just to dismiss the case but forum is not listening at all. Date upon date is given.
This is not end here, the applications that I have submitted, the documents I have submitted is not even recorded in order sheet and worst of all Even when I am present and requesting in forum not to give more time, I am marked absent and more time is given to opposite party.
What should I do now, many of us are facing this issue, especially those who are representing thier case by their own.
I represent my case by my own, I tried to compromise but in that too I am being harassed and Forum is saying Compromise Compromise. I do not want to compromise now, there is limit to insults and harassment a person can take.
Regarding my plight I have written to Hight Court, Prime Minister Office, NCDRC, Chief Minister, ministery of law, ministry of consumer protection and did not get even get a reply or relif.
There is also clerical corruption in forum too, to file peition pay money, for getting certied copy of documents pay money. The bill they will give rs 10 and they will charge rs 200 for the same.
Now tell me what can be done? What is Appropiate Course of action? Filing Pil ? Filing writ of Mandus or Filing Certiorari, file contempt pition in Apex Court?
As for judgements which has been overlooked. Apex Court Judgement, “SANDEEP THAPAR vs SME TECHNOLOGIES PRIVATE LIMITED Civil Appeal No 65 of 2014 Para 9, Kolte Patil Dev. Ltd. vs. Bhupendra Bhandari, civil appeal No. 8166 of 2014”.
“Reliance Communications Ltd. vs Beena Menon First Appeal No. 628 OF 2015 Paragraphs 5,7 and 9”, “HARESH Vs JAWALA REAL ESTATE PVT. LTD. & ANR Review Application NO. 359 OF 2013 Para 1”, “DUCATI MOTOR HOLDING Vs. VIKRANT GURUNATH KELKAR & 3 ORS Para 4”. more
I have filed two complaint in consumer forum in both I see exactly same problem.
In one 2.8 years have passed since filing and In another it has been 1 years in both cases Opposite party has not yet submitted WS.
I submitted multiple application along with various apex court and ncdrc judgement and requested many times to pass exparte order, or to impose cost or just to dismiss the case but forum is not listening at all. Date upon date is given.
This is not end here, the applications that I have submitted, the documents I have submitted is not even recorded in order sheet and worst of all Even when I am present and requesting in forum not to give more time, I am marked absent and more time is given to opposite party.
What should I do now, many of us are facing this issue, especially those who are representing thier case by their own.
I represent my case by my own, I tried to compromise but in that too I am being harassed and Forum is saying Compromise Compromise. I do not want to compromise now, there is limit to insults and harassment a person can take.
Regarding my plight I have written to Hight Court, Prime Minister Office, NCDRC, Chief Minister, ministery of law, ministry of consumer protection and did not get even get a reply or relif.
There is also clerical corruption in forum too, to file peition pay money, for getting certied copy of documents pay money. The bill they will give rs 10 and they will charge rs 200 for the same.
Now tell me what can be done? What is Appropiate Course of action? Filing Pil ? Filing writ of Mandus or Filing Certiorari, file contempt pition in Apex Court?
As for judgements which has been overlooked. Apex Court Judgement, “SANDEEP THAPAR vs SME TECHNOLOGIES PRIVATE LIMITED Civil Appeal No 65 of 2014 Para 9, Kolte Patil Dev. Ltd. vs. Bhupendra Bhandari, civil appeal No. 8166 of 2014”.
“Reliance Communications Ltd. vs Beena Menon First Appeal No. 628 OF 2015 Paragraphs 5,7 and 9”, “HARESH Vs JAWALA REAL ESTATE PVT. LTD. & ANR Review Application NO. 359 OF 2013 Para 1”, “DUCATI MOTOR HOLDING Vs. VIKRANT GURUNATH KELKAR & 3 ORS Para 4”. more
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Advisable to Re-submit your application/s along with supporting s and all your objection/s with special prayer to keep "on Record". Opt for the "ROZANAMA" which will reflect your application, if not, based on this you can approach to the higher Authority i.e. State Commission. Alternatively you can submit your application through the office of "Registrar" wherein you will get the acknowledgement. Once again advisable to wait and watch till the Order, so to avoid unwarranted confrontations. more
Aug 14
I have Rozanama or daily order sheet. I have submitted everything again through post as to keep as proof. Right now I am waiting for State commission reply or action in this regard, till now state commission have not done anything towards my application.
3 Year is too many years just to file written statement and Forum is bound by constitutions to follow Apex court judgement . It is simply working in way ward manner. more
3 Year is too many years just to file written statement and Forum is bound by constitutions to follow Apex court judgement . It is simply working in way ward manner. more
Aug 14
It will be better if you give more details. You have stated that " District Forum is not willing to follow CP ACT, NCDRC and Supreme Court Verdicts and Case law and giving unlawful advantages to Opposite party and engaging in favoritism. How do you say so ? How Dist.Forum is not willing to follow CP Act, NCDRC and Sc Verdicts ? Please give some details so proper solution can be suggested. Rasik Dagli more
Aug 13
Rasik Ji thanks for reply,
I have submitted multiple Apex Court Judgments and NCDRC judgement . Which clearly states that Not to give more time to enter written statement unless cost is paid for delay. It is approximately 3 years now in one case and even after that opposite party is given more and more time.
Apex Court Judgement
“SANDEEP THAPAR vs SME TECHNOLOGIES PRIVATE LIMITED Civil Appeal No 65 of 2014 Para 9, Kolte Patil Dev. Ltd. vs. Bhupendra Bhandari, civil appeal No. 8166 of 2014”.
NCDRC Judgement
“Reliance Communications Ltd. vs Beena Menon First Appeal No. 628 OF 2015 Paragraphs 5,7 and 9”, “HARESH Vs JAWALA REAL ESTATE PVT. LTD. & ANR Review Application NO. 359 OF 2013 Para 1”, “DUCATI MOTOR HOLDING Vs. VIKRANT GURUNATH KELKAR & 3 ORS Para 4”.
When I submit applications forum is not ready to take it or even if takes it is not recorded and statement is made no amount of judgement will help you and ask the question do you want to change the system.
Documents and Applications I have submitted in person is not recorded in record.
I have requested many times to Dismiss the case if it is not in their jurisdiction or Give Ex parte Order.
Forum is forcing me for compromise and each time I went for compromise I was harassed and threatened and opposite party is forcing me pay and withdraw even when it is fault of opposite party and I have given all the proof and documents.
When I am present making arguments submitting applications, even after that I am marked absent. When I came to know about that and went to inform to get the mistake corrected, it was not corrected and I was said nothing will happen do not worry.
District Forum is Bound By Constitution to Follow Higher Judiciary case law or judgement but it is blatantly ignoring it. more
I have submitted multiple Apex Court Judgments and NCDRC judgement . Which clearly states that Not to give more time to enter written statement unless cost is paid for delay. It is approximately 3 years now in one case and even after that opposite party is given more and more time.
Apex Court Judgement
“SANDEEP THAPAR vs SME TECHNOLOGIES PRIVATE LIMITED Civil Appeal No 65 of 2014 Para 9, Kolte Patil Dev. Ltd. vs. Bhupendra Bhandari, civil appeal No. 8166 of 2014”.
NCDRC Judgement
“Reliance Communications Ltd. vs Beena Menon First Appeal No. 628 OF 2015 Paragraphs 5,7 and 9”, “HARESH Vs JAWALA REAL ESTATE PVT. LTD. & ANR Review Application NO. 359 OF 2013 Para 1”, “DUCATI MOTOR HOLDING Vs. VIKRANT GURUNATH KELKAR & 3 ORS Para 4”.
When I submit applications forum is not ready to take it or even if takes it is not recorded and statement is made no amount of judgement will help you and ask the question do you want to change the system.
Documents and Applications I have submitted in person is not recorded in record.
I have requested many times to Dismiss the case if it is not in their jurisdiction or Give Ex parte Order.
Forum is forcing me for compromise and each time I went for compromise I was harassed and threatened and opposite party is forcing me pay and withdraw even when it is fault of opposite party and I have given all the proof and documents.
When I am present making arguments submitting applications, even after that I am marked absent. When I came to know about that and went to inform to get the mistake corrected, it was not corrected and I was said nothing will happen do not worry.
District Forum is Bound By Constitution to Follow Higher Judiciary case law or judgement but it is blatantly ignoring it. more
Aug 13
Pl. indicate which Consumer forum we are talking about. The remedies available are: 1. Appeal to the State Consumer Commission. 2. Reg. WS - there is clear verdict of SC prohibiting after lapse of 45 days period. If at all he WS is submitted you can raise your objection. Over and above, even further you can raise the issue subsequently that the WS so filed not to be taken into consideration. 3. Reg. " that I have submitted" - You may submit the same with additional application praying to keep on record - including earlier Application submitted. 4. As the present matter is already before the Forum - nobody will intend to inter-vain, unless you initiate special Application/s following due procedure of law. 5. Reg. "present and requesting in forum not to give more time" it is the desecration of the forum, you can not impose your say as mandate. Pl. understand that like that of yours there are several other matters before the Forum and urgency and hurry does not make any difference but to spoil the matter. Should you require any further assistance in Maharashtra State Commission, Mumbai, pl. feel free to contact. more
Aug 13
Thanks for answer Uday Ji,
The consumer forum I am talking about is In Patna Bihar.
I do know Apex Court Verdicts, and I have submitted the same in the consumer forum which District forum is not following and giving undue advantage to opposite party, the documents and judgement that I have submitted has not been recorded. There are irregularities in daily order sheet.
Appeal how can I appeal since there is no judgement ?
Sir it is not about urgency, my problem is regarding giving undue advantage to opposite party, not following law or apex court verdict. I guess 3 years is a lot of time for written statement. If there was genuine reason I would not minded the delay. Forum and opposite party is forcing me pay and withdraw even when it is fault of opposite party and I have given all the proof and documents.
If I am present giving applications making arguments and I am being marked absent and when I go to forum and tell I was present , irregularities are not corrected. more
The consumer forum I am talking about is In Patna Bihar.
I do know Apex Court Verdicts, and I have submitted the same in the consumer forum which District forum is not following and giving undue advantage to opposite party, the documents and judgement that I have submitted has not been recorded. There are irregularities in daily order sheet.
Appeal how can I appeal since there is no judgement ?
Sir it is not about urgency, my problem is regarding giving undue advantage to opposite party, not following law or apex court verdict. I guess 3 years is a lot of time for written statement. If there was genuine reason I would not minded the delay. Forum and opposite party is forcing me pay and withdraw even when it is fault of opposite party and I have given all the proof and documents.
If I am present giving applications making arguments and I am being marked absent and when I go to forum and tell I was present , irregularities are not corrected. more
Aug 13
How many times the forum has granted adjournments for filing WS.,each is such order of adjournment is appealable... more
Aug 05
yours is a usual picture of justice in India.Defaulters know it for certain that victim will be exhausted financially as well as physically or pass off.This attitude of justice encourages corruption in society. more
Aug 05
the problem is that even media refrains from reporting things related to justice and court. I have visited a few news paper agency with all the documents and proof, no luck yet. I agree with you, it seems in India Justice is for sale , if you have money you can buy it. more
Aug 05
