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.
1. It's great that you have submitted written arguments, which will be on record, if you happen to tackle this case in appeal.
2. Wait patiently until the opposite counsel submits his arguments whether in writing or oral. If it's written one, it would be great, since you would have time up to the next date of hearing and tally your points with the opposite counsel.
3. If he chose to be oral, make notes in writing, ask for another date for rebut.
4. Come with your points (only to rebut what he submitted, try avoiding repeating your own points) in writing or oral.
5. But, please engage an advocate at least now , since oral arguments save the time of the Judge and is more effective.
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?
Regarding hiring advocate. I already hired 6 advocates. Due to their own carelessness they did not attend the case and have dragged the case inspite of me paying fees to them (usually consumer court lawyers take percentage of compensation awarded). I wont hire advocate now.