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vijay kumar (Tutor)     09 January 2017

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

First of all I am representing my case by myself. As far as I know anyone can represent their case in any court within India. There are personal reasons why I am doing and why I will not go for legal aid.

2 Years ago, I filed a case against BSNL in Patna District Consumer Forum.

Since then all I see is Case of Favouratism and form is just not wlling the follow any Supreme Court's Judgement and NCDRC judgement.

Today I filed Inter locutor Application which was overlooked and more time was granted to opposite party. No hearing was done, i was told bluntly told this application is not going to do any good to you.

On the top of that My case cannot be tracked on Cofnet website, i do not know why !

He was given exact date which he wished, no matter how hard I tried he got the date.

Last time I was told that I will get the judgement in next date and next I am told again same thing.

Opposite party's lawyer has not yet filed any written statement. 

I have submitted and cited multiple supreme court and ncdrc judgement, which directs consumer forum not to condone inordinate delay without a cost, but Patna District Forum, opposite party's delay is condoned.

Furthermore it is stated in cp act and judgement, that reason of adjournment should be taken in writing, nothing of this sort is done.

Each visit to court costs me like 200rs and 4-5 hours which inturn will lead to loss of 1000-2000. Over I have been visiting forum for over 12 dates.

This is clear voilation of ncdrc and supreme court's judgement and is contempt of higher judical body by lower judicial body.

As far as I know no contempt can be filed on the forum and their members.

My next date is in july after 6 months . Kindly advice what can be done in this situation .

Is there any way to take this matter directly to Supreme court of India .

 

 



Learning

 8 Replies

Suri.Sravan Kumar (senior)     09 January 2017

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.

Tushar Jha (Advisor)     13 April 2017

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.

vijay kumar (Tutor)     13 April 2017

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.

vijay kumar (Tutor)     07 May 2017

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.

Tushar Jha (Advisor)     08 May 2017

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.

vijay kumar (Tutor)     08 May 2017

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.

Tushar Jha (Advisor)     08 May 2017

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.


 

vijay kumar (Tutor)     08 May 2017

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 ?


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