M N Sridhata 07 October 2019

Consumer forum related

I am M N Sridhara. Three years back, I had filed a complaint with a consumer forum. In my perception, it is an ‘open and shut case’. OP is an established Pvt Ltd company. I am representing my case. However, should in case it becomes essential, I had submitted a General Power of Attorney to the Forum, for one of my friends to represent me. It was accepted. At every stage (Accepting Notice to Argument and then Recap Argument) ,OP acted only when warned/compelled by the Forum to do so. Resulting delay was to the tune of more than 18 months!!!. I hounoured every date given by the Forum. After the new chairman assumed office, the case was posted for Argument again; essentially recap. I finished my argument on the first date itself. Though I have been objecting, the OP’s counsel has been able to avail 5 adjournments. During the last hearing date, I objected to, yet another adjournment request by OP. I pleaded that the case be posted for early order since I wouldn’t be available in India. I had the Memo (in anticipation I had taken with me) in my hand to submit and pleaded so. Still, the chairman posted the case for argument to 7th Nov 19 and said ‘ submit it on 7th Nov 19’ and called for next case. To be with my daughter, I need to be in USA from 23rd Oct 19 to 25th January 2020. I seek your advice on the legal/procedural validity/prudency of the following options, I intend to exercise. 1. Submitting a fresh Memo requesting the case to be heard after 26th Jan 2020, to the Registrar of the Forum (say, immediately after Dasara Vacation), attaching the earlier Memo which I wanted to submit on the date of last hearing (I had attached my Itinerary to that). 2. Submitting such a memo on 7th Nov 19 (the next date of hearing) through GPA holder. 3. I will request my friend (GPA holder) to represent me on future hearing dates. In this case, I need to hand over all documents and also prepare him for every hearing.

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3 Replies

H.M.Patnaik (Proprietor) 07 October 2019

Since a new incumbenthas joined the forum, he will have his own way of prioritising the cases.There is no harm in moving the forum after dusherra for early hearing. It will be better to argue your case yourself as you are quite acquianted with the points of dispute and watched the development from time to time.On hard case, you can try your GPA.

G.L.N. Prasad (Retired employee.) 07 October 2019

Once your part of personal through examination, pleading, submission during hearing is over, you have no role to play further. Your presence may not be necessary at all, and POA may attend if you insist. Whatever the arguments the OP must only be in accordance with his version only and he is not permitted to add or subtract once complainant's arguments are over.

Do not get too much worried, as these are more normal, and as consumer as complainant visits once or twice in a lifetime to forum, the President has to deal with such Advocates almost every day during his tenure, and any haste on the part may bring bad name to him in Bar, as these advocates exchange and comment on Judges in their casual meetings, etc. Though there is a time frame fixed, and for every adjournment, the President has to impose costs to the complainant, in practice on President cares to implement the rules as they are discretionary.

Forget about the complaint, it may take its own course, and the final verdict must be as per facts on record only and the orders must be speaking. One can not expect a better performance in Forums, though they are not courts but managed by retired judicial officers only. Though the object of forums is for summary proceedings, they follow the entire process as in courts. Once the written version is filed through affidavit, there is no use in further process and the forum can decide the case maximum in four adjournments by framing the issue. Now a day, even filing complaint is becoming difficult, as more than the opposite party, the complaint will be scrutinized for each and everything in detail and the process is more strict than getting a plaint admitted.