Dont know whether to talk or not
Shaanti Naik
(Querist) 01 June 2018
This query is : Resolved
Dear Advocates and Legal Experts:
I have filed a case for recovery of my insurance money through consumer court and I am fighting it without advocate myself only.
Matter is the insurance company which had to give money for my treatment where I was hurt badly in my leg has cleared only 50 percent of hospital bills. The hospital on the other hand has taken the money from my hand in advance and I am out of the hospital now. Now I have only bills in my hand. The insurance company has given a DD for Rs. 60000/= in name of hospital which is 50% of what they promised. The hospital has realised the DD and given me the same 60000 through their hospital cheque. Now as the insurance company did not pay rest of the amount till date I have filed consumer court case.
The judge does not allow me to talk to the opposite party vakil. He always tells you cannot talk to the opposite party vakil even when I wanted to give copy of additional bills I asked that person to wait in court he ran away hurriedly and next date he did not come and some other vakil came and told copy not given. I went to give copy. Judge told you talk here. You don’t talk there.
He telling if I allow you to talk I will talk till night. As if he has seen me talking and as if I am very talkative person.
I am putting this question here because I feel the judge is biased he never lets me talk, he always talks as if he is appointed by the opposite party. The opposite party vakil never opened his mouth even once from 1st date till today. All the talking the judge only does. He always negative affirms anything which I say. I feel he is doing job on behalf of the opposite party advocate.
My case is posted for arguments and till date the opposite vakil has not filed any arguments. I think after the opposite party vakil files written arguments next date will be for oral arguments.
Here I want to know following things: if the opposite party vakil does not file written arguments in next date, can I ask the judge to pass orders?
The judge wont allow me to talk. He will always say don’t talk. He wont let me explain anything at all. So what I did is whatever I could not explain orally I wrote down on paper and gave in writing as written arguments that was 200 pages. Nothing I wrote is out of context. I have explained in detail how the insurance company played with my feelings.
I feel the judge is corrupt. He is simply giving dates and is acting as if he is the representative of opposite party. I want to tell this to him. Shall I tell him that SIR YOU ARE ACTING AS IF YOU ARE THE OPPOSITE PARTY VAKIL. IF I tell like this what will happen?
Can the judge pass contempt proceedings even if it is consumer court? Whom to complain and what to do in this case please tell.
Guest
(Expert) 01 June 2018
If your case is pending in District Forum and then you have the Preferences of going for Appeal in State commission and then to National Commission and then to Supreme Court also. Since you have the Time make the preparations of counter , Written arguments and Oral argument strongly. Make your submissions Perfectly and do not worry about the behaviors of others and do not make any insulting comments or words. Just concentrate on your case even if there is some delay or even if you come across any insult in it.
Shaanti Naik
(Querist) 01 June 2018
Sir
I have alredy filed written arguments. Opposite party asking one more date one more date and not filed written arguments.
When you say state commission, ncdrc are you implying that I should not talk at all?
I should argue. But judge is this type. Shalll I argue or not? Tell that.
Ms.Usha Kapoor
(Expert) 02 June 2018
You file for recusal of judge.subject. (November 2010)
Look up recusal in Wiktionary, the free dictionary.
Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applicable statutes or canons of ethics may provide standards for recusal in a given proceeding or matter. Providing that the judge or presiding officer must be free from disabling conflicts of interest makes the fairness of the proceedings less likely to be questioned.You put recusal of Judge before District Judge or before Chief Justice of Highcourt. a new judge will take over to hear your case impartially.
Guest
(Expert) 02 June 2018
At the Time of Oral argument You should certainly argue please
Guest
(Expert) 02 June 2018
Madam you should also Understand Though in Courts some times the Judges may not be kind and comfortable with the advocates or clients but the Judgement pronounced by them would be genuine.. As on aug 2017 more than 4.5 lakhs of Cases are pending in Consumer Forums and most of the Forums are short Staffed.
Guest
(Expert) 02 June 2018
Court has to give sufficient time for the other side to file their written argument. They could delay in filing it on various grounds which the court will not refuse but it would be counted in Judgement. You should also understand when they take so much time in filing the argument obviously their side would be Weak.. Please do not blame the judges for these reasons
Guest
(Expert) 02 June 2018
As Per your Query's Title Yes You could talk but at the time of Oral Argument Please
Guest
(Expert) 02 June 2018
You could Utilize this valid time for getting ready With Good Citations. Citation- The Orders/ Judgement pronounced in other similar cases of yours. You could search for citations in google also. Citations could be presented in court during the time of oral argument directly to the Presiding Officer which would strengthen your case please
Ms.Usha Kapoor
(Expert) 03 June 2018
I agree with Raj Kumar. At the time of oral arguments you can\ argue.
Shaanti Naik
(Querist) 03 June 2018
So next step will be this?
1. So when the opposite party lawyer files written arguments again I have to counter those written arguments by denial.
2. If opposite party lawyer does not file written arguments and only does oral arguments I have to note down what he orally argues and file a written arugment on next date?
Ms.Usha Kapoor
(Expert) 04 June 2018
If you are confident of doing everything by yourself you do. Otherwise engage a consumer law expert lawyer.
Guest
(Expert) 04 June 2018
You Could and You should also make Oral argument along with Citation as advised please.
K Rajasekharan
(Expert) 09 June 2018
Unless you learn what to talk and what not to talk in a court including a consumer court and are quite familiar with its practices, it would be quite difficult for you to present your case with brevity, simplicity, right focus, proper strategy etc in a court.
If you talk more or talk less you may not be successful in your arguments. You must keep a right balance which you can learn only by watching what the stalwarts do and practising it in a court, by you unless you are born with that talent.
If you present a 200 page record of your narrative to a court the most likely scenario is that it will not be read by the judge or the other side advocate.
Winning a case is nothing but persuading your judge to accept your views and for that you need to couch your arguments in such a manner which is acceptable to him.
So it seems it is better for you to engage a reasonable advocate, if you have an inclination to win this case.
Shaanti Naik
(Querist) 09 June 2018
Dear Mr Rajashekharan,
I am thankful to you for the reply that you have posted. It is indeed helpful reply.
I agree with your advice. The written arguments would not have gone into 200 pages. But as the allegations made by opposite party were nearly 40 in number, countering the allegations and explaining what actually has happened and how it happened which the OP has hidden from the Court, the written arguments ran into 200 pages. But the prayer in my complaint is the same, it is just 2 lines. The insurance company did not release the amount and now telling cant and long stories as to why they cant.
In oral arguments I will tell that much only, as nobody will give time to me to talk for 1 full day. Nor can I explain what all happened and how it happened and that have been explained in writing already in written arguments.
Regarding advocates hiring, I hired their services already but as they were not prompt and simply taking dates and I was asked to pay 500 rs per date for taking adjuournment, I asked them to retire from the case, so I am handling the case myself.
