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In consumer forum judgement pending since more than 6 months

Page no : 2

Siddharth Srivastava (Advocate)     17 July 2017

WRIT does not lie in such cases as there is no violation of any fundamental right. This is for your information only.

Kumar Doab (FIN)     17 July 2017

Apply your own judgment and act as suitable to you.

P. Venu (Advocate)     17 July 2017

The delay in pronouncing decisions is a common ailment affecting judicial and quasi-judicial forums at all LEVELS!

1 Like

vijay kumar (Tutor)     25 July 2017

my case is pending at district forum for 2.5 years now, opposite party has not yet submitted the written statement. I am also presenting my case by myself.

G.L.N. Prasad (Retired employee.)     25 July 2017

The DF normally accepts two or three adjournments in short gap.  A party in person can bring the notice of earlier adjournments and incovenience caused to him.  DF has to impose costs recover from OP and pay to the party.  Complainant can also bring the tactics of delaying the matter to the attention of DF.  Once President imposes costs and increase it for every adjournment, then the tendency to absent may be reduced.  In the petition you have to bring to attention of President once again to the fact that you are student, and attending the court at the cost of your attendance, and burden on parents.

 

1 Like

vijay kumar (Tutor)     26 July 2017

@G.L.N. Prasad I am aware of the fact Forum is supposed to Impose cost, but it is not and is engaging in favouratism, at least in my case. Sir on last date I tried to bring out my grivances and give peition but it did not accept the peition stating that next date I will give judgement and this has been happening for last 4 dates and Forum is not willing to follow rule and Court law, here is https://www.lawyersclubindia.com/forum/2-5-years-passed-forum-has-given-more-time-to-opposite-party-152123.asp. what I have experinced in over 2.5 yeras. 

G.L.N. Prasad (Retired employee.)     26 July 2017

In a similar case known to me, Hon Judge has given 20 adjournments and 2 years and there is no progress.  One of the defendant has simply given a print out of the case details and written simple letter to HC about the inordinate delay.

Within a week, the lower court unofficially called and advised the advocate what he wants and asked him to file such petitions.

When there is a certain stipulation in Act, if there are deviations, there is nothing wrong in bringing to the attention of the controlling authorities, as delaying the case also comes under corruption.

But before such reporting of grievances, file a petition in the same style to concerned president enclosing copy of such print out of adjournments, and not even collecting such costs from opposite party, inspite of the complainant's weak financial status and inconvenience in pursuit of his career at that age.

Please do not assume things, and atleast step without blaming any authority, so that every aspect is reduced in writing as a proceeding.

1 Like

vijay kumar (Tutor)     26 July 2017

@G.L.N. Prasad, Sir I have written to everyone Imaginable as mentioned in my forum post, I have written to High Court, NCDRC, Prime Minister, nothing happened yet, all letters were sent through registed post.

Well Supreme Court and NCDRC In variou judgemetns clearly stated delay can only be condonted to the subject of payment. Act itself says to impose penality and not give more time unless given in writing. I do not see the procedure of Act being followed.

At I am being discriminated here, no matter what I do, forum and its members are not ready to follow law or ncdrc case law or supreme court case law, I have the daily order sheet , even if I was present and making statement I am marked absent,most documents I submitted is not even in record, what I said is not in record, I am not even allowed to submit peition and application and quote judgements. This is what I am facing right now. Sir I am expressing what I have witnessed and faced. I would have recorded the proceedings if it was allowed to show the extent of favouratism and discrimination, Since It is illegal hence I am not recording.

G.L.N. Prasad (Retired employee.)     26 July 2017

Then the other course left is filing a grievance petition to State Consumer Affairs Ministry and waiting for a month and then filing a writ mandamus before HC.

vijay kumar (Tutor)     26 July 2017

@G.L.N Prasad why not Certiorari ? Now I have stared to doubt the ethics of District forum if it is capable of Giving Unbiased and neutral judgement based on facts, as a few times I was said try to compromise with lawyer.

Two of my case is pending at district forum, in both same thing is happening. 

As per my understanding of Constitution of India Articles 14 and 39-A and preamble which state and secures right to equality before law, equal opportunity and equal protection of law. What is happening with me is violation of Constintution.

G.L.N. Prasad (Retired employee.)     26 July 2017

@Vijayendra.

 

The situation is similar in all forums.

Sorry, I am a common man and not an expert professional for giving guidance on Legal proceedings.

But, unless and until some one collects the information through RTI, the position of all such pending cases by the same President to present it  before HC,, it is very hard to convince the Judges, as they have fraternal feeling and do not tolerate invasion on any one on their fraternity.  (President may also be a retired judge)

vijay kumar (Tutor)     26 July 2017

@G.L.N prasad, indeed sir, faternity, bias and favouring, I have just returned from form as usual given another date, even after presenting Apex Court Order. 

I even asked president why am I marked absent when I clearly argued on last date, he said I am here do not worry.

I is going to three year now. RTI i did , no information was given regarding how many cases are pending . I will try media, I am not sure if they do anything.

Sir I doubt case is this bad in other forum, I mean 3 years in two cases and giving more time to file written statement seems bias.

priyank prasad   06 August 2017

Finally I received judgement after a long waiting period, State Commission has given 8 weeks to OP to comply with the order. if he does'nt than execution petition will be the way forward.


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