I filed an appeal against a builder and the verdict went against me 4:1.Now a lawyer had suggested that my complaint was not properly made and for this reason it was rejected and wishes to file it again.He has given the following opinion:
I have read both the files sent by you and have following observations:
1) The complaint has not been drafted the way it should have been
drafted to make an impact.
2) Your complaint has just cited your plight as a consumer without any
reference to any competition issue involved in to it.
3) Please note that you have just made a reference to Sec. 4(1)
passingly without providing sufficient material to show that _____
is in a dominant position or otherwise. Please remember that since
you are alleging that _____ is in a dominant position, the onus to
prove also lies on you which has not been discharged properly.
4) There was no need of writing so much redundant material, like....
God has blessed us with three children........................., , etc. (Please don't mind because I have
no intention of hurting your feelings) but please appreciate that
there is no space for emotions in law. You have to actually and
strictly prove that a particular provision of law has been violated
and you are entitled for relief as provided under the law. For
dealing with other issues, there are other courts/CBI etc. and CCI is not
interested in these issues. CCI is interested only and only in cases
which involve any competition issue as provided under Competition Act.
Please remember, individual's complaint is a consumer issue and not
competition issue.
5) As per your complaint, you have made a case of a consumer complaint
without sufficiently involving a competition issue into it. Please
remember, CCI entertains a case and orders investigation only and only
if any competition issue is involved and it is strongly convinced that
the matter falls either under Section 3 or Section 4 read with Section
19(3) or Sec. 19(4) of Competition Act. Please remember, for consumer
complaints, the proper forum is Consumer Courts, State Commission and
NCDRC.
6) No evidence has been provided to prove your point. Please
remember, CCI is a very powerful regulatory body and requires a strong
convincing that the case involves a competition issue and the
implications involved are huge and nationwide.
7) Nevertheless, all is not lost. I can still make a very sound case
before CCI as I see it from a different perspective.
which you relied while booking the apartment, correspondence made with
the builder and letters/reply received from the _____, etc. etc.
I have addressed that lawyer as follows today:
