Deplorable working of delhi state consumer commission


vijjy bhaskar May 15 (9 days ago) to grievance.aap, legal Dear Sirs: Delhi State Consumer Complaint Redressal Commission without a glance at the contents of the Appeal and the strong documentary evidence furnished by the Complainant resorts to illogical and irrational conclusions in a brazen and hasty manner.. Of late, it has become a disturbing trend in the District Forum as well as in the State Commission to have a cursory look at the complaint without taking the trouble of going into the merits and demerits and also without giving an opportunity to the complainants to put-forth the arguments especially when they are Parties-in-Person to.dispose the cases making a mockery of judicial system eroding the faith and confidence in the judiciary. Perhaps they want to offload the huge backlog by performing as "Kangaroo Courts". 2. In a case of Appeal by the Realtor challenging the judgment of the highest court of the land and when three different District Forums in the country had already given the same verdict in accordance with the Supreme Court Order and heard by the Delhi State Commission on 13-5-2015, the President without taking into account the relief of Rs.3,35,000/- given by the New Delhi District Consumer Forum-VI against Gardenia India Ltd, Realtor [ strictly in accordance with the Supreme Court Ruling] has pressurized me to agree to the reduced compensation of Rs.2,35,000/- or else he warned that the case will take several years for settlement in the State Commission and thereafter at the next level of appeal i.e. National Consumer Disputes Redressal Commission (NCDRC) if any aggrieved party wishes to go for further appeal.. The Advocate of the Builder has readily consented to the proposal and give it in CASH before the Hon. President in the Open Court and the President has asked me to accept the cash for which I had reluctantly agreed with a hike of Rs.15,000/- suggested by the President... However,at the end, it is a different story that the Opp..Party made a U-turn /hasty retreat and refused to give even this discounted amount. 2. The presiding judges of the Consumer Fora and the State Commissionsare drafted from the Civil and High Courts and unfortunately they are not forgetting the legacy of the past and their failure to raise to the lofty objectives and changed role in the Consumer Courts [ which are mainly created to dispose of the cases within a time frame of 3 to 6 months] is a serious concern to the consumer protection/litigants.. 3. Despite my repeated appeals to give a short date for next hearing, the President was insensitive, unsympathetic and without consideration to my latest health reports submitted to him and my age (70 years), has given a far-off date -- 30th July, 2015. 4. In the instant case, the Builder has misled the Commission in his Appeal with full of blatant lies under sworn Affidavit and there is no iota of truth in it. Under these circumstances, what action can be taken against the Builder for spreading lies? Yours sincerely, Ms ABV Vijayalakshmi
 
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Advocate

These matters do take time and courts are loaded with cases. I have personally seen a case being dragged for more than a decade from district forums to national commission. Settlement works better when amounts in question are lesser, given the possibility of appeals and time it takes. However if it is about judicial principle, you can always refuse a settlement & ask for deciding the case on merits. Lying under oath on affidavit is perjury. Consult your lawyer if a case can be made out for that, if you do desire.
 
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As already stated above, I have appeared before the Greater Noida District Consumer Forum as a Party-in-Person and later the case has been transferred from Greater Noida to the District Consumer Forum-VI, New Delhi with the kind intervention of NCDRC due to the critical health condition of myself (Complainant with a congenital hole in the heart diagnosed recently at this old age of 70 years) and my husband who is appearing on my behalf who is 75 years old  a chronic diabetic and suffered a massive heart attack in 2003, underwent Angioplasty and dependent on life saving medicines. 

The errant Realtor has made blatant lies in his appeal under sworn affidavit which will not stand for judicial scrutiny.  The Builder has told his cronies that he will drag the case endlessly so that the complainant and her husband would die in the mean time and the case will be closed.

Our experience in the District Forum, Ranga Reddy District and State Commission in Hyderabad is commendable as cases of Senior Citizens especially when they are Parties-in-Person are expeditiously disposed off and they give ample opportunity to the Senior Citizens (Parties in Person) by giving due importance and patient hearting and strictly follow procedures and never work like kaf panchayats as seen in Delhi.

The Builder could not submit a single document in his support whereas we have all  filed irrefutable documentary evidence.  It is most unfortunate that the State Commission has not taken the trouble of perusing the documents which will nail all his falsehood.

The Builder has defamed and tarnished our images in public eye about the complainant and her husband in his Appeal and we can't take it lying low.  Therefore we intend to file a defamation case in a Delhi court.  When the case is pending in the District Consumer Commission, whether we can file a defamation case against the Realtor?

 
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It is atrocious that the Counsel  for Gardenia Shelters Pvt Ltd, Noida informed the Hon. President of the Delhi State Commission in the open session on 13.5.2015 that the wily Builder is willing to refund Rs.2 lakhs collected  on 27.10.2009 towards closed parking (first basement) and open parking (Rs.1,50,000 + Rs.50,000) without any interest  from the date of collection i.e. 27.10.2009 till the date of  payment provided both the parking spaces are surrendered to them.

The Respondent informed the Hon. President of the Commission that both the parking spaces have been registered by the Noida Development Authority along with the Flat  for which Rs.15,000/- registration fee had also been paid for it.  It was further mentioned that the parking spaces form a part and parcel of the flat and they are inseparable and can't be alienated. It was also informed to the Hon. President of the Commission that the Realtor is selling few  vacant parking spaces still in their possession at the rate of Rs.5 lakhs each and from this the nefarious game played by the  unscrupulous and cunning Realtor can  very easily be understood by even a lay man.

It is baffling as to how the State Commission has allowed the Appeal of the Realtor who has challenged the Ruling of the highest court of the land i.e. Supreme Court of India.  It  will be interesting to note that the U.P. Govt. Apartment Act, 2010 also underlines the fact that the parking  comes under common area that Builders can't charge separately for this.

 

 

 

 
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advocate/counsel supreme court

Your complsints seems as cumbersome as you think, that is the reason why you either need to be  able to use simple short sentences to convet  your grievances, after all in the courts today most people are not really able to understand cumbesome presentation as you did, besides even if you make similar cumbersome hindi resentation too there also you might get this kind of judgements;  true you arr a senior citizen; but you must speak speak simple language; if not hore a person an agent or advpcate who can make simple easy presentation with the hon supreme court dispensations then you vould have got right justice sir.

 

today a lot of people cannot speak straight active voices in simple sentences like in the past.

so verdicts get wrong; after all one side big log of cases; then application of mind which need to be really heped by complainant else wrong judgements surface after all these forums or commissions are not like constitutional courts; but just some fotrums with some powers that can serve the purpose; if you cannot properly move with simple direct complaints these forums are bound to make errors though they are not supposed; they committed out of error not deliberately as even courts do commit;

in the circumstances if you want to move move the National Commission with simple appeal in simple language; that would protect your interests rightly sir, thanks

 

 
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advocate/counsel supreme court

Your complsints seems as cumbersome as you think, that is the reason why you either need to be  able to use simple short sentences to convet  your grievances, after all in the courts today most people are not really able to understand cumbesome presentation as you did, besides even if you make similar cumbersome hindi resentation too there also you might get this kind of judgements;  true you arr a senior citizen; but you must speak speak simple language; if not hore a person an agent or advpcate who can make simple easy presentation with the hon supreme court dispensations then you vould have got right justice sir.

today a lot of people cannot speak straight active voices in simple sentences like in the past.

so verdicts get wrong; after all one side big log of cases; then application of mind which need to be really heped by complainant else wrong judgements surface after all these forums or commissions are not like constitutional courts; but just some fotrums with some powers that can serve the purpose; if you cannot properly move with simple direct complaints these forums are bound to make errors though they are not supposed; they committed out of error not deliberately as even courts do commit;

in the circumstances if you want to move move the National Commission with simple appeal in simple language; that would protect your interests rightly sir, thanks

Always simple language being highly intelligible provides meaningful justice; govts do fail when they talk the issues like kashnir issues or the GST issues, they resort to cumbersome way that only make the governments fail in their easily manageable issues into long dran fights, that you may be seeing.

God gave you speech to present things in a most simple way. then you do succeed in your objectives sir. tks.

 
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advocate/counsel supreme court

What i say is, you have a right case against the builder and you could get what the forum decided, but your presentations only complicated that was taken advantage by the respondent builder.

 

You can even move under art 226 writ with Hgh court ; as there is no bar to you to move the writ , but you ought to be very simple presenter of direct facts , so that the court can promptly decide as you are a senior citizen sir.

 
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