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Ashish M (Chartered Accountant)     15 September 2010

Travesty of justice...

Hi all,..

     I have filed a consumer case against a mobile company with three opposite parties. From the past 1 year, I have already attended 6 hearings where after first two hearing, only one party have come and started filing replies... in second last hearing from now, the Forum member has told me that ex-parte is already done agaisnt other two parties and next date is fixed after 5 months for final argument....

    My concern is that from the last one year, no main opposite parties are coming at all even for once and ex-parte orders is also passed (as  i inspected the records of my proceedings.) But still the opposite parties r getting time like anything. I mean already 1 yr. has gone and another 5 moths r also going to get killed, and the other parties, totally unfazed, with impunity avoiding every date of the hearing...


 I mean it is always the complainant who has to bear the brunt. The main culprits always manages to abscond. One, they haven't attended even single proceedings, and secondly, they r getting time like anything. To the boot, the executive of the compnay calls me and asks .."what is the next date of hearing.."...... I mean... I flabbergasted to answer the same and felt cheated that they don't even have that much pain to see by themselves on what date they r to appear in the court for my case.

Forum didn't passed even an interim order to wake the other parities out of their sleep. I Mean.... its really feel bad to see that where the ACt confers the powers on the forum to pass orders with maximum 5 months...Even the argument phase hasn't come yet. It is a simple case where the other party is repeatedly avoiding to face the court....And I think my clamour for justice is not going to end in near future.....

To add to this, govt. is freely encouraging to go to consumer court when, as per my experience, a simple case of my nature where the O.P. hasn't attended a single hearing... is running into 1.5 yrs. without its final culmination date.....

Please guide me on this....!!!!!!!    :(

 

Pls tell, if the final argument date is fixed after 5 months from now, how much more time will it take to forum to pass final orders. Pls also tell whether after passing ex-parte orders, can the opposite party barge in to put their version b4 the court. will it be allowed by forum? 



Learning

 6 Replies

Dhawal Bhandari (ADVOCATE)     15 September 2010

i can understand your feeling as myself faced similar situation 2yrs ago !!!

Nitin (Professional)     15 September 2010

Yours is just a Consumer Court. even in Criminal Cases u/s 138 (cheque bouncing cases) where there is a penalty of upto 2 years, it takes almost 2 years, if not more, for Courts to take cognizence of the office and more to issue summons to the opposite party. Even after that, the opposite party can evade summons, by paying some money to the server and to the police and drag the case upto 5 years.

God help India and it's people.  justice delayed is justice denied-ever any one heard of that in India?

 

Nitin

Ashish M (Chartered Accountant)     16 September 2010

I mean.... we proudly boasts after finding some convincing trails of jessica lal genre... but look at the time frame these cases are taking... i mean runnng from 15 to 20 yrs... i mean what is the meanin of this justice remain... and our politicians... don't they know,, if the law needs to be made harsh and when.... almost every case is susuptible to be dragged on to till supreme court after passing through its respective quasi-judicial authorities.......

How many years wud it need for our leaders to understand that judiciary has become another instrument to embarasss the citizen of this country...... A consumer case is taking so much time... , now after facing all this, i can understand the plight of those filing criminal cases... how much disheartening it is for them to face judiciary in India.....!!!!!
 

:(

J. P. Shah (RTI & CONSUMER ACTIVIST)     26 September 2010

Procrastination and delays by govt offices are part of our life in India. Delays are main cause of speed money  [corruption] in govt offices. Govt does not value time of its citizens.

Consumer Forums are mandated to decide in 6 months in CPA itself.

Ashish M (Chartered Accountant)     03 October 2010

Originally posted by :J.P.Shah
"
Procrastination and delays by govt offices are part of our life in India. Delays are main cause of speed money  [corruption] in govt offices. Govt does not value time of its citizens.

Consumer Forums are mandated to decide in 6 months in CPA itself.
"

Yes i also heard that time limitation clause but wonder how every case is dragged without apparent reason in excess of such mandated time period.....!!!!!

Nitin (Professional)     03 October 2010

I think, you should seriously consider taking this matter with Law Ministry. They have also a web site and e-mail. ask some Senior Advocate, to which forum you should take up this matter.

In fact, with this state of affairs, our whole legal system will break down in next 5 years, according to one senior advocate. I hope that day would come sooner than later.

 

Nitin Shah


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