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Rahul (no)     24 May 2014

Need advice for appeal in state commsion

Can any one tell me i am not satisfied with the order of district forum can i go to state commission and i asked 50000rs compensation in district court so can i demand more compensation in state commission.

 

My another question is this

I purchased the ac in 2010 and it is defected so i start complaining to call center i have all the complaint numbers i filed the case in consumer court and but the president of the court is always in the favor of the company. So many time i complaint in state commission. Today i got the order from the forum and i am not happy with the order she mention to repair the a/c and give the compensation of 4000rs from 3 years i am living without a/c and company is never coming for the repair the ac. I have all the complaint numbers they are saying i am giving the fake number they don't have any complaint number in their records. The forum president is getting money from the company now what can i do to recover my money from the company. Even they attached fake service reports and which not have any signature. Help me what can i do right now.


I want my money back from the company will i get i have the audio recording of the company seniors they said that. They are not giving the service can i use the call voice record as an evidence that company is doing wrong with me.



Learning

 6 Replies

G. Y. Sharma (Advocate)     24 May 2014

Dear Questioner, You can go for appeal before the State Commission if you are not satisfied with the orders of The Distrcit Consurmer Forum, but within the time stipulated under Law. If it exceeds, seek Leave of the State Commission by filing a Petition for condonation of delay in filing your Appeal. Plead that you would like to lead Evidence in support of your case in the Appeal as one of the grounds. Kindly don't make personal allegations against the president of Forum in your Appeal. Your case may turn otherwise. Be humble towards the courts of law. You can make avail of all the opportunities under The Evidence Act to prove your case with regard to fake Complaint numbers given by the Company and the audio recordings under due process. Consult a senior Advocate immediately. I am always at your disposal in case you need any advise. Any how wish you all the best

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 May 2014

You can appeal with state commission with proper reasons as Mr.G.Y. Sharma advised you.

T. Kalaiselvan, Advocate (Advocate)     24 May 2014

You can prefer an appeal  before the State commission along with the evidences in your possession which were not considered in the district forum.

Shivesh Sinha (Legal Adviser)     26 May 2014

Dear Mr Rahul,

Have perused your instant query and also advise of my colleague Advocate friend Mr. G.Y.SHARMA

I fully agree with the advise of Mr. Sharma, the learned Advocate and do extend my advise to you to adhere accordingly.

Thanks

SHIVESH SINHA,

Advocate Cum Legal Adviser to www.powertoconsumer.in

Rahul (no)     03 June 2014

I met with a lawyer he told me i can't go to state commission because district forum give me relief but they not gave me any relief they reward the compensation of 4000rs and repairing of the a/c. I have more than 15 complaint numbers the company refuse and say they don't have any complaints number in their record but i have voice recording of the a/c company executive they accepts they have all the complaint numbers in their record but the district forum not consider them because i complaint against the president of the forum in state commission.

Shivesh Sinha (Legal Adviser)     03 June 2014

Dear Mr. Rahul,

Have perused your follow up message being posted 8 hrs ago.

Having perused your messages, I observe that you lodged a Consumer Complaint Case as against the defects in your Air Conditioner, being purchased in 2010.

The concerned District Forum awarded you a sum of Rs.4,000/- besides direction for repairing the said A/C by its Company. You are not satisfied with the Order of DCF on the sole Ground that your contentions were not looked into with judicious eyes by the court and hence you seek legal advise for feasibility of Appeal before Hon'ble State Commission at your end.

Certain appropriate legal advises were accordingly forwarded to you by me as well by three other learned Advocates affirming the feasibility of proposed appeal, but now having opinion of some one at your end & being confused again you have sought the Legal Advise.

Under circumstance, you are advised to forward entire case history along with copy of complaint case filed by you i DCF, Copy of reply of the Company in case, Copy of the Order of DCF, and all other relevant documents to me through www.powertoconsumer.in and its relevant Email : shivesh@powertoconsumer.in

After examining all above, I shall be able to extend you the appropriate legal advise & the needful.

Thanking you,

SHIVESH SINHA,

Advocate Cum Legal Adviser to www.powertoconsumer.in

Email : shivesh@powertoconsumer.in


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