whether applicant need in hearing of consumer case

Good

There is nothing wrong in filing case at Delhi, but you had also option for your locasldistrict consumer forum. It would have been easy to appear. No body can represent your case better than you. You may depute some one close to you for pretrial work. like filing complaint etc. You may take suggestions from these experts who are eminent lawyers with heart to help. However, be there personally for hearing, as it matters a lot.

I am doing the same thing. Regards-Mr.Boda.

(email kanaksinh.boda@gmail.com)

NANDKUMAR  B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE CONSUMER COURT MATTER KINDLY NOTE THAT

1.YOU HAVE TO SEND A LEGAL NOTICE TO THE OTHER SIDE AND DEMAND THE REPAYMENT OF AMOUNT SENT BY YOU OR THE BOOKS ORDERED.

2.IN CASE THEY DO NOT REPLY THEN YOU MAY FILE THE COMPLAINT TO THE DIST.CONSUMER COURT BY ENCLOSING THE SAID ORDER COPY ,PAYMENT DETAILS, LEGAL NOTICE. AND CAN CLAIM COST ,COMPENSATION  FOR DEFICIENCY IN SERVICE AND OTHER COMPENSATION.

IN CASE YOU NEED ANY FURTHER HELP YOU MAY SEND DETAILS OR CALL

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

 What is the amount involved?

Dear Mr Boda.

I am glad to know that I can attend the case by filling in my location district. I will very  much be able ot appear there and represent my self

Thanks for suggesstion

regards

Dear Mr Anil,

it was only 175/ Rs involved. how much compensation I must claim, as per law?

Thanks and warm regards

Dear Rajiv Kumar,

Law makers have empowered  consumers with or with out lawyers to approach Consumer forums when they encounter ‘deficiency of service’ from ‘service providers’. It is left to the parties concerned to interpret the meaning of the terms the way they want. And finally the Judges decides on the arguments put forth that had derived the correct meaning of the words. For example any one applying for the post of a president of a state consumer forum that is vacant should be ‘a judge of a high court or a retired judge of a high court’ as per law makers. Judiciary both high court and Apex courts  had found in a recent case that a state Government had erred in interpreting the meaning of the requirements and the Government’s notification of appointment of a president had been set aside. So by experience only you will know what is ‘deficiency’ and what is ‘service’.

Regars

RT

Dear Rajeev,

To understand law one need not be a law graduate. Only person studied in law will be able to grasp it better. Knowledge in law will help you to check the pros and cons. Wish you all the best .

Regards

Dear Haridasan Sir,

I respect your suggestion. in any profession, mere interest can't work. I will think over this option.

but again the simpler form of various act and law, I can understand,not the deepest one. I am very sensitive toward the rights of person.

In future , I will try to pursue graduation in Law.

my deep inquision to know the law, might help me in some way.

I have been befited by large extent by joining this group. I am enhancing the information on law by comments of expert of law prcticeners.  I am grateful to all.

Thank You sir for your kind suggestion

Rajeev

 Keep learning. There is no other way.

Thank you Anil sir,

for motivating me. Thank God, I am not novice in law. I studied basics of law in two semesters of MSW in TISS Mumbai. I studied , Forensic law related to psychiatry.

currently I am clinical practicener. I observed two things in law and Psychiatry, that is; understanding the situation/ case and then fit them according to rules / law/ theory and apply thereby.

both need subtle observation, logical thinking, comprehension and descripttion. finding out favourable points etc.

i will definetely keep learning

my aim is not just to solve the problem , but to present different cases and know the legal  provision realted to that.

Thanks a lot

warm regards

your encouragement is with us.

 Mr. Rajeev Kumar

I marvel at your persistence. Since you believe in the implementation of law at whatever be the cost, please carry on.

Not only Rs.175, there is something called mental satisfaction and peace of mind at achieving something.

Harassment and mental agony cannot be quantified. There is no prohibition in your asking for compensation. The sky is the limit. Forget about the reasonableness. Let the Consumer Forum break its head.

Dear Anil Sir,

I am heartely thankful for motivating me.  I really can't stand injustice. I will continue to fight against injustice.

hope your best wishes and blessing be with me.

warm regards

 Thanks for appreciation. Leaving aside the law for a moment, I beg leave to come to the ground reality.

There are lacs of prisoners awaiting trial for offences that carry negligible incarceration, but, they have spent years in the prison. Some of them die inside the prison. The prisoner is a commodity for whom neither the magistrate nor the police nor the administration has time or sympathey and the law continues to take its own course.

It is not a question of Rs.175. I know you will spend many times more to see that "injustice" is not done to you. Life is such a complicated affairs that everyone of us is forced to make compromises most of the times against our wishes and knowing fully well that it is unethical and unjust. You can in your wisdom weigh all the pros and cons and if your will power prevails, please by all means go about it.

I donot know about others, but, I for one would not venture out so much as to make such complaints. They say with age wisdom comes. To me it will be a futile exercise. 

Think for a moment the 1984 Delhi Sikh massacre. 25 years down the line and not one of them has been punished and don't forget that the victims moved heaven and earth right from the courts of magistrate of Supreme Court. Most of the victims are dead. 

i think no one has provided a clear cut answer to his question that is it necessary to be physically present at the consumer court?

What are the scopes for cross examinations at consumer courts?

Normally for cases as that of Rajivkumar's,can't the consumer court declare the judgement based on the supplied douments/evidence?

what difference does it make the presence of the complainant in such cases?

a detailed response to my queries are  welcome