Cp act, ncdrc and supreme court order not followed at DF

Dist forums have no power to condone the delay if the Opp Party fails to file written version within 45 days. You can  approach State Commission on this point.

Hello Vijendra,

The situation described by you is frustrating to even read less experience it.

Bring your grievance to the notice of Ministry of Consumer Affairs Department with a copy of email to Hon'ble Cabinet Minister and Departmental Secretary. Such laxity by public officials needs to be reported to the highest levels of administration.
Also mark a copy of complaint to Prime Minister's Office (PMO). In additional to emailing your complaint also send it via FAX to the concerned departments/ministries.

Taking this to Supreme Court could be an expensive affair. You can file a Special Leave Petition (SLP) in the Supreme Court of India under Article 136 of the Constitution praying for disposal of the case by District Forum in a time-bound manner and expedite the hearing your case at Patna District Forum.

I already have plans to write to Supreme Court of India for blatant voilation of Law Contempt, High Court, NCDRC, PMO, Ministry of Justice and Ministry of Consume Affairs. I have been told by some people to talk in print media and consumer related ngo, I did the talk with a few NGO and Activist, but could not find any help .

I also went to High court to know about filing writ peition, but cost is exhiburant, I cannot afford that, minimum it costs 20k by a decent lawyer. I could represent it by muself, but red tape, procedures make common man out from Judiciary.

Delay because of some reason is something  else, but there is favourtism in court/forum. Forum is overlooking law and implementation and is allowing opposite party lawyer more time. The forum overlooked cp act, supereme court jugements, ncdrc jugements. 

I gave Interlocutor Application in the court and President said, no amount of application will help you and overlooking latest jugemetnt he gave more time to opposite party, when jugement is clear that delay can only be condoned after fees has been paid, and for delay pentaly should be imposed.

I guess this is the way how merit and edge of a case if doged if I a lawyer is not capable to sustain the case.

Considering all these favourtism and bias in courts and fourm , I have given up the hope of justice.

Thanks for your suggestion.

Originally posted by : Tushar Jha
	aking this to Supreme Court could be an expensive affair. You can file a Special Leave Petition (SLP) in the Supreme Court of India under Article 136 of the Constitution praying for disposal of the case by District Forum in a time-bound manner and expedite the hearing your case at Patna District Forum.

correct me if I am writing, but SPL is filed agaist an order? But in my case nothing has been done by district forum other than addmissioning the case for hearing and giving time to opposite party lawyer as per his need.

Yes Article 136 is filed against any order or sentence. However, writ petition can be filed in Supreme Court and Apex Court issue any writs under Article 32 of the Constitution. Furthermore, Apex Court should be appraised of the callous attitude of Consumer Forum for acting in a wayward manner. Article 142 of the Constitution empowers Hon'ble Supreme Court of India. According to Article 142 in The Constitution Of India 1949 : Enforcement of decrees and orders of Supreme Court.
Approach Legal Aid Committee at Patna High Court and tell them that you are a student and you need legal aid to file Writ Petition in Patna High Court. Court will appoint a lawyer for you.
Refer Article 39A of the Constitution which says,
"Equal Justice & Free Legal Aid : The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities".
Court will appoint a lawyer or Amicus Curaie for your case.

Originally posted by : Tushar Jha
	Yes Article 136 is filed against any order or sentence. However, writ petition can be filed in Supreme Court and Apex Court issue any writs under Article 32 of the Constitution. Furthermore, Apex Court should be appraised of the callous attitude of Consumer Forum for acting in a wayward manner. Article 142 of the Constitution empowers Hon'ble Supreme Court of India. According to Article 142 in The Constitution Of India 1949 : Enforcement of decrees and orders of Supreme Court. Approach Legal Aid Committee at Patna High Court and tell them that you are a student and you need legal aid to file Writ Petition in Patna High Court. Court will appoint a lawyer for you. Refer Article 39A of the Constitution which says, "Equal Justice & Free Legal Aid : The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities". Court will appoint a lawyer or Amicus Curaie for your case.

Sir I know what Constitution says, and section 39a regarding legal aid but Legal aid is not existent in the state of BiharFurthermore Bihar's legal aid says your family income should be less than a lakh which is not the case with me.My father gets pension of 2.5 lakh but we are not in condition to afford money of high court lawyer after being cheated by two lawyer, in past. He is also one of the petitioner along with me. I still live with them and do part time job. My father and mother both has health issue. Under this condition I am not able to get Legal aid. 

Moreover in past twice I was cheated by lawyer, once lawyer did not file the case and another time he did represent the case. Lawyers take 10-20 thousand to file and represent. I even approached bar council against the behavior of Lawyers but I was not provided any remedy instead i was asked to pay rs 6000 to represent my case at bar council.

That's is why I am representing my case by my own, I even went to require about possibility of filing write it by myself at high court but there is red rape. The petition should be filed by registered person of the court and should be Signed  by AOR. 

As for SPL,I think spl is not applicable in my case as no order or decree has been passed by Consumer Forum, only next date is given and I see favourtism for the lawyers.

Section 142 does talk about contempt, but can Contempt be filed against a sitting juge or a forum member, I was told before at hight court by a student of law a contempt cannot be filed in my case.

That is why I am here asking to what precisely can be done and where can it be done and how can it be done. Can I directly file  contempt and writ peition in Surepeme Court Of India.

If you are the petitioner in the case, then you can file writ petition in High Court by personal appearance also by invoking Section 32 of Advocates Act, 1961. Tell the registrar of Patna High Court that you wish to appear party-in-person. If they refuse then kindly cite them a Judgment by Hon'ble Bombay High Court wherein a petitioner was allowed to represent himself by invoking Section 32 of the Advocates Act, 1961

Originally posted by : Tushar Jha
	If you are the petitioner in the case, then you can file writ petition in High Court by personal appearance also by invoking Section 32 of Advocates Act, 1961. Tell the registrar of Patna High Court that you wish to appear party-in-person. If they refuse then kindly cite them a Judgment by Hon'ble Bombay High Court wherein a petitioner was allowed to represent himself by invoking Section 32 of the Advocates Act, 1961 Relevant Citation :- (For self representing a case at High Court) Mrs. Prabha P. Shenai Vs. Ispat Industries Ltd on 9 March, 2016 Here's the link to the above case decided by Hon'ble Bombay High Court : https://indiankanoon.org/doc/33362628/ If they still say that student can't represent himself, then write a letter to Chief Justice of Patna High Court narrating all the events that transpired lead to writing the letter to Chief Justice of Patna High Court. If you can represent your case in person that would be good or else High Court may appoint Amicus Curaie.

Thanks for your asnwer.

I already have written a letter addressed to Chief Justice of India regarding Blatant Voilation of Law and Supreme Court Jugement.

My one question still remains, can I file contempt petition along with writ petition in Surepeme Court of India ?