I am a part time teacher , representing my case at district forums by myself. Though I have read CP act a few times. I still have a few questions. These are not assertion or hypothetical questions; I have faced these problems. Hence I am asking these questions.
1. What can be done if lower court does not follow higher court’s order or supreme court's order and overlooks them? I have given a copy of supreme court judgement 7975/2001 and NCDRC 628/2015 and cited them, which clearly states about time limitation . But some reason this forum is giving advantage to the lawyer and stating that they cannot follow and observe all the judgements and has given time without any reason. Consumer forum has over looked CP act. I have been visiting forum everday, I have been punctual. Opposite party lawyer either does not come or when it comes it ask for date. Not only that opposite party has failed to enter written statement. And it has been two years since I filed the case. Forum never gave me oppurtunity state my problem or to deliver argument, it says you can argue or tell the grivances when opposite parties comes, nor it is giving judgement on the basis evidence I have submitted. Requested for interim order and exparted but fourm is not passing that either. Forum said it has policy passing ex parte order only if opposite party does not come for more than two years. I have had over 10 date and 2 years will be complete in january. Next date is in january 9 , 2017.
My case is not displayed at the consumer forum website either .
Help me, Tell me what can be done, I faced and still facing various kind of losses because of this , i wont mind a jugement which is against me , i would be able to appleal at higher authority, but my case has been lying stagnant.
As per my understanding this is contempt of court, misuse of power and voilation of law.
2. What can be done so that Supreme Court may decide to review their order. Incase Supreme court has passed a judgement over looking act/law and judgement itself is vauge or not clear and this judgement is misused and misquoted despite Central governemtnt's memorandum file no 2-17/13 and NCDRC judgement FIRST APPEAL NO. 628 OF 2015 . This supereme court's judgement cites the power of telegraph authority and states that consumer fora do not have juridiction over dispute arising inbetween telgraph authority and consumer. As per telegraph act licnesee is not telegraph authority. Only Licensor or someone appointed by central governement can be telegraph authority . Despite all this district forum is following old judgement. This judgement seems to overlook telegraph act which clearly states, who is telegraph authority, who is service provider, this judgement is vauge it does not talk about service provider and has given verdict on the basis of telegraph authority. Since service providers are not telecom authority, this judgement should not be applied them . Instead all this telecom operators are playing ditry and is asking forum to observe supreme court's judgement and asking not to enterain case as consumer forum does not have jurdiction. Please guide.
3. If lower court or consumer forum does not follows highers court order and ignores it dispite having seen the order, how to file contempt of court and where to file contempt of court .
4. filing pitition and hiring lawyer at surpeme court can be costly, how can a person appeal or file pil at supreme court when he/she has no job and is not earning enough and parents do not have job either .
