Shekar Suman
25 December 2019 at 18:28
This is regarding appeal case going on in the State Consumer Commission i.e. KSCDRC Bangalore.
The Appeal case is filed by the Appellants who have not paid a single naya paisa of the 10 lakhs awarded by the 4th additional DCDRF Bangalore during November 2018.
The Appeal case has been going on and on and I have represented myself in person and filed written arguments against the Appeal filed.
The Commission has taken 4.25 laKhs as deposit for hearing the case. The judge threatened to send back the case to lower forum if I did not agree to compromise with the appellant op and receive a lesser paltry sum of money as opposed to the orders of the Lower Forum directing the appellant OP to pay me 10 lakhs in toto.
Though I objected to the judge using bullying tactics to favor the appellant OP when he said if I do not agree to compromise and receive lesser amount, he will make me roam to court for another 3 years in lower forum by remanding back the case to lower forum. or go to Supreme court of India for appeal and waste another 3 years.
Why is the judge telling Supreme Court appeal? Is filing appeal at NCDRC is of no consequence?
On reporting the matter to Registrar of commission, he states that 3000 cases are pending and only 1 judge in the commission, so somehow he has to finish the case. That is why he is doing like this, he told.
My question to advocates is, can a judge do like this? Is it not illegal and misuse of discretionary power?
What can be done in this case?
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Judge running away
In case where I am supposed to get my scooty replaced where in the lower forum the OP has already agreed that he will replace the scooty but still the president has dismissed my complaint. In the appeal forum at the state too the OP has agreed in the court hall that he will replace the scooty. Same has been noted in the order sheet. Mediation failed. As I want nothing more than my scooty to be replaced with new scooty. The forum was not functioning due to covid 19 but its been three dates since that it has opened, I am the only person in entire court hall, the moment they see me, the president runs away saying OP not come I cant order. So I gave paper notification for OP to appear. Copy of newspaper given to forum as well. But still the president reluctant to pass orders. What can be done in the case I thought. A application under Rule 12 of CPC to pass exparte order as OP not appearing in the case. But president is reluctant. In this case what to do? Can anybody suggest anything?