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Rajeev Kumar (Professioanl Social worker)     06 November 2009

whether applicant need in hearing of consumer case

Dear All

I had sent order of books from a publishing company of delhi. they did not deliver. I have send them many reminder but they did not reply. in this way more than one year passed.

this is cleary deficiency in service as U/S 2 (r) CPA.

I want to file case under consumer protection act-1986. I am based in Ranchi.

1.here my query is whether , my presence will be needed during the hearing of consumer case unlike RTI case?

2. my  second query is , what are the ground to fix the compensation? means how much compensation I can claim ?

please reply me

warm regards

Rajeev Kumar



Learning

 33 Replies


(Guest)

Did you make payment for books ordered?

Your presence will not be needed.

Rajeev Kumar (Professioanl Social worker)     07 November 2009

Dear Mr Anil

Thanks for your prompt reply. I have already send payment through Demand Draft. I have copy of DD, copy of courier slip, and copy of all those relevant documents. I  have sent one notice before  filing compalint through e-mail.

do you suggest whether I must send the hard copy of  Notice too?

secondely the cost of books was 175/ here how much compensation I can claim?

please reply

Rajeev

Anil Agrawal (Retired)     07 November 2009

 File a case straightaway attaching xerox copies of all the documents. Waiting for one year? Surprising?

Make a complaint to:

THE FEDERATION OF PUBLISHERS'

AND BOOKSELLERS' ASSOCIATIONS IN INDIA

 

Address

84, Second Floor, Darya Ganj,

(Opp. Cambridge Primary School),

New Delhi - 110002

K. Rajendra Prakash (Advocate)     07 November 2009

Send a hard copy of the notice. Your presence is not a must. Consult a local lawyer.

Rajeev Kumar (Professioanl Social worker)     08 November 2009

Dear Mr Rajendra

This is clear that my presence is not there in coonsumer court like the RTI  case,but  you suggest me to consult a local lawyer.

whether it is need for presence  of some representative( lawyer)  form my side or for  documentation?

Documentation I can do.

whether hiring lawyer is neccassary for my case?

Anil Agrawal (Retired)     08 November 2009

 Presence of a lawyer is not necessary. Prepare your brief. Keep all the documents in original with xerox copy ready. Yes, when the case come up for hearing, be present.

Rajeev Kumar (Professioanl Social worker)     09 November 2009

you mean that I will have to  be physically there during hearing. the problem with me is that I am based in Ranchi and hearing will be in delhi.

here once more I ask,  whether my presence is mandatory or it is just you suggested  ?

Thanks

Anil Agrawal (Retired)     09 November 2009

 Where the cause of action arose? Ranchi or Delhi. You are at Ranchi, you ordered books from Ranchi, you sent the money from Ranchi. Then how case was filed in Delhi?

K. Rajendra Prakash (Advocate)     09 November 2009

Dear Mr. Rajiv Kumar,

Engagement of a counsel is not necessry when you can do on your own.  Lawyer represents your case.  If you do not engage a counsel,  you have to be present when the case come up for hearing.  When the cause of action did not arise at Delhi, how the case was filed in Delhi.  You may challenge on the point of jurisdiction--------of the Forum at Delhi.

Rajeev Kumar (Professioanl Social worker)     09 November 2009

Dear Sir

I forgot to tell that I am based in Ranchi but ordered books from publishing company of Delhi. so jurisdiction lies in Delhi itself.

You wanted to make me understand that if  I dont hire lawyer for my representation. Then I will have to be physically present during hearing. is not it???

 

Thanks for your kind suggestion

regards

K. Rajendra Prakash (Advocate)     09 November 2009

Yes, If you do not want to engage (not hire) an Advocate for your representation, how can you argue without being present there physically?

Rajeev Kumar (Professioanl Social worker)     10 November 2009

Dear Sir

thanks for giving  me all information. I will act according  to your suggestion. I can realize that I was making stupid queries.

Thank you again. I am here for gaining knowledge in law. I will apply it.

warm regards

Rajeev

K. Rajendra Prakash (Advocate)     10 November 2009

I appreciate your desire to gain knowledge in law.  Keep it up.  I wish you success. Good luck.

Rajeev Kumar (Professioanl Social worker)     12 November 2009

Thank you sir,

I will keep update my knowledge. I am Professional Social worker specialized in Psychiatric intervention. I am not law graduate. But studied Law as optional subject in MSW. I am interested in Law.

I  will keep learning.

Thank you again


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