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carterclemency (abc)     23 November 2014

Filing a consumer case - need a clarification

hello.
i am trying to initiate a complaint in the chennai consumer court against a builder.
given my travelling job,where i frequently travelling out of the country..not sure if i will be able to be present for all the hearings.
i want to know  if it is possible for me to engage a lawyer while the proceedings are happening..or do i need to get a lawyer involved at the time of filing itself...will this engagement of lawyer representative during the proceeding would delay my case in anyway?
 



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 10 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     23 November 2014

Dear, Consumer court does not require a lawyer mandatory, you can contest your case by yourself..... Kapil chandna adv, 9899011450

G.L.N. Prasad (Retired employee.)     23 November 2014

True.  Laywyer is not required for consumer case as the proceedings are summary in nature.  But as your job is travelling in nature, it is better to draft the complaint yourself, and then engage an advocate (Junior) that is within your affordable range.  Whether you file complaint or advocate drafts, but advocate charges his fees normally.  Once I went to Madras for a simple advice for form of filing a case (Appeal or suit or writ or complaint), for mere consultation for 30 mts, he charged Rs.7,500/- and I have to wait for 3 months for his appointment.  At the end, the advice is not correct.

Advocate Ravinder (Advocate/Attorney)     23 November 2014

it is better to engage an Advocate.  And to avoid your precence before the court for hearings, you can appoint simple General Power of Attorney only to contest your Consumer Case.  For further doubts and clarifications contact me 7893011777 or ravinder2345@gmail.com.

carterclemency (abc)     23 November 2014

 thanks much for the information..
if i had to engage a junior lawyer for this..what would be a appropriate fee to be paid just for going for hearings..i can certainly under it varies by lawyer..but want to know what the norm is like..

Advocate Ravinder (Advocate/Attorney)     23 November 2014

For Senior you have to pay 20K and for Junior 10K.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 November 2014

You will have to contact the junior lawyer and ask him and if necessary negotiate with him. One can fight one's own case in any court in the country, not necessarily in consumer court only, without a lawyer. But I do not know whether you can sent a representative. who is not an advocate, to represent your case in a consumer court.

(Guest)

thanks. i am in  similar situation as well.. i wish i can fully handle the consumer court case by myself.. in case if i get a hearing..does the consumer court in chennai has any option to track my status online..and send email about asking for a future hearing date..how to get the hearing date scheduled if am out of town on consumer court cases..

G.L.N. Prasad (Retired employee.)     25 November 2014

Representatives are permitted.  If respondent objects POA can be given and they are not barred in representing consumer in Forums.

Every district forum is having website, and they are being uploaded, and even when the forum is not updating information in their site, mere phone call is enough.

Generally adjournments are given one month during first three adjournments and later to 15 days.  If member is serious, this is not a problem, he can depute any representative.

T. Kalaiselvan, Advocate (Advocate)     27 November 2014

@needjustice:  It is advisable that you engage an advocate to take care of your consumer case from the beginning itself.  The advocate fee will depend upon the advocate you engage based on various facts.  There is no fixed fee for this.  Don't try to catch two rabbits at a time, if you want to pursue the consumer case properly, better engage a lawyer and concentrate freely on your profession.

T. Kalaiselvan, Advocate (Advocate)     27 November 2014

@learnerooo:  You cannot expect the court to ask you about the next date of hearing or send you sms seeking your convenient date for the next hearing. If you want to know about it you may either visit the court in person or look for it from the court's website.


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