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Adv. Subhadeep Saha (Lawyer.)     21 November 2010

Remedy in case of cheating by astrologers.

Can compensation be claimed from Astrologers by filing a complaint in the Consumer Forum if their predictions are proved to be false? Many a times people purchase stones & gems worth thousands of rupees from astrologers believing in their predictions that their planetary positions will be changed in their horoscopes but later on they feel cheated when they realize that the predictions are false. At such time can a client claim his money from that astrologer for non-happening of his predictions under Consumer Protection Act? If not what is the alternative remedy? I request all not to go into the issue of 'whether astrology is science or not' as it is a disputed fact till date.



 28 Replies


(Guest)

Astrologers dont give his predictions in writing and there is no proof that what he predicted is actually a prediction by him...secondly its for a individual to believe or not believe or any action on a prediction is the will of the person believing the Astrologer.

 

Further I dont think that Astrologers give you a certificate or in written that there is a guarantee of there prediction becoming true so I dont feel u can take any action against them

Adv. Subhadeep Saha (Lawyer.)     21 November 2010

@ Mr. Mithilesh- the client is having a video recording of the whole meeting with the astrologer in question where it is proudly claimed by him that "if his predictions come false he will leave practicing astrology". Moreover the client has the horoscope prepared in the handwriting of that astrologer. In the diary of the astrologer it is mentioned that the client has paid money for the consultation & stones purchased. The same amounts r written in the backside of the horoscope also by the astrologer himself.

As far as individual belief is concerned, I think everything in this world is based on belief. When we go to hotel & place an order we believe that the food must not contain poison. When we go to grocery shop & purchase items we believe that the shopkeeper has sold us the items in good conditions. Same way when a client goes to an astrologer he believes that his(astro) predictions will become true. That's why I already mentioned don't go into the credibilty of astrology. It is a disputed fact.

 

 

Democratic Indian (n/a)     22 November 2010

Adv. Saha, when customer went to shop and purchased the goods and shopkeeper has sold the goods in good faith to customer claiming goods to be genuine, which he received from his supplier in good faith. The customer when goes home, goods are found to be fake. Will you file case against the shopkeeper or his supplier? Similarly astrologer has given his predictions in good faith, as per his firm belief and consciousness. The supplier of his belief and consciousness needs to be booked in case.

Surendra Singh Chandrawat (Lawyer)     22 November 2010

Mr. Saha,

Astrology is a scientific method this cannot be taken as a transaction of goods sold or services rendered. If we will go with scientific method one can commit measurement of air pressure with a 12 inch ruler, which does not seems possible in real sense. Astrology is pseudo-science in which some ideas behind it may be vaguely plausible, the notion that the planets could have such a large impact over the everyday lives of every human being is irrational.

I am agree with the words of Shri Gopal Soni that “No astrologer in the world shall write you a 100 percent correct prediction”.

The person who believes on such predictions and taking the services does not fall within the ambit of “consumer” defined under Consumer Protection Act, 1986

Roshni B.. (For justice and dignity)     22 November 2010

Astrologers cannot predict.They read your horoscopes and tell that such situations or conditions "MAY ARISE" on basis of the karmic balance u were born with.

Jamai Of Law (propra)     22 November 2010

Saha ji,

 

 

Your client must have missed to ask questions in a complete and appropriate manner......

 

 

Information provided by your client must be wrong...such as birth place and exact time of birth (difference of 4 minutes also makes a considerable difference in the fate of a person!! Even for twins!!)

 

 

Only Because of the "effects" of those precious stones ...that your client purchased from the astrologer....................fortunately............ your client is in a position whatever he is in currently........................otherwise ............................your client might have had to face some more unknown troubles..................... and he would have certainly been into an inferior position................. than whatever he is into ..............at the moment!!!

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     22 November 2010

Astrology , fortune telling is a science , those who want to learn I will teach you. And thre are so many method if you are persuant can put efforts even you can start / invent your defferebt way of fortune telling and many times it comes correct.

Every city I visit apart from others one or two Judges seek me , will they take me to the court.

Adv. Subhadeep Saha (Lawyer.)     22 November 2010

I duly respect all the comments given by various people to my problem.....but I am very sorry to say none of you have able to come out with a legal solution to this genuine problem....I specifically mentioned that "don't go into the disputed fact whether astrology is science or not" but miserably all of u are revolving around the issue of whether astrology is science or whatever...Gentlemen....try to understand the issue in this case...the issue is what legal remedy a client has in such cases of cheating by astrologers....let the scientists decide whether it is science or whatever....let us decide,being legal professionals, how to save the client....instead all of u r advocating for astrology directly or indirectly....okay..thats ur personal belief...I have nothing to say....has the client committed an illegal act by visiting that astrologer?? if not, what is his status in the eyes of law? Is he entitled to any legal protection at all or he ceased to have the protection of law by visiting that astrologer?? acc. to ur perception or experience I feel astrology is also one kind of gambling....that means its illegal...in that case I won't help the client....if it is not, then try to find out the answers of abovementioned questions....and don't blindly support anything...try to apply judicial mind.... I have nothing to do with whether astrology is science or arts or commerce....

Adv. Subhadeep Saha (Lawyer.)     22 November 2010

To Mr. Democratic indian

Sir try to come up with some solution by applying judicial mind rather than advocating the astrologers....I am not against the astrologers nor want to hurt ur belief....but what did u say it means the client has committed a wrong by visiting that astrologer...so he is not entitled to any legal protection...let him suffer !!

Adv. Subhadeep Saha (Lawyer.)     22 November 2010

To Mr. Democratic indian

Sir try to come up with some solution by applying judicial mind rather than advocating the astrologers....I am not against the astrologers nor want to hurt ur belief....but what did u say it means the client has committed a wrong by visiting that astrologer...so he is not entitled to any legal protection...let him suffer !!

Adv. Subhadeep Saha (Lawyer.)     22 November 2010

To Mr. Soni

Sir for your kind information I would like to tell u that now a days u can file a complaint against your advocate also in th consumer forum if he negligently deals with your case & cheats you...numerous supreme court judgments are there in this effect...so why can't an astrologer be booked under consumer law? he is also providing consultancy services...so he can also be liable for "deficiency in service"....if it is not so then what is the remedy? either give a remedy or say there is no remedy....let the client suffer!!

Adv. Subhadeep Saha (Lawyer.)     22 November 2010

To Mr. Chandrawat

Sir as u have ruled out the application of CP Act,1986 then kindly let me know what is the alternative remedy for the client or there is no remedy at all !! Plz come up with a legal solution rather than advocating for the scientific side of astrology..

Democratic Indian (n/a)     22 November 2010

Adv. Saha I note in your first post in this thread "Can compensation be claimed from Astrologers by filing a complaint in the Consumer Forum if their predictions are proved to be false?" I provided the answer, tried to explain that his predictions are a matter of his honest, firm belief and his his freedom of Consciousness guaranteed under Article 25 and same is applicable to the client visiting him and giving his money to buy that belief. Where does "cheating" come in this transaction? You assumed I am not applying my judicial and also I belief in astrology. If you want to book him in "cheating" for astrology then you have to make him utter in court something like "It is my belief that Astrology is big nonsense but still I sell the idea to my clients" This will prove to court that his belief and consciousness about astrology is something else, but he is selling something else. OTHERWISE you will have to find for some material and tangible form of cheating if he has done. Example: If the precious stones or gems are not what they are as claimed by him. Like he claimed he sold "neelam" but it is not "neelam" but a piece of colored blue glass. But again this is not possible if he has sold genuine stones.

Adv. Subhadeep Saha (Lawyer.)     22 November 2010

To Mr. Shashi Kumar

Sir I absolutely don't have any interest in learning astrology....so don't advertise yourself...I strongly believe in my God, my Guru & my hardwork...I did not expect such comment from you as u r a senior lawyer....I expected a legal answer !!


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