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drs   24 August 2015

Non-deemed educational institution, loss of year

A Consumer complaint was instituted in the District Consumer Commission in the year 2010. Wherein the complaint was for unfair trade practices adopted by the Air Hostess Training Institution, which published and distributed brochure, the institution failed to provide the promised services. It was submitted by the complainant that the institution was not recognized and was not authorised to carry on such course of Air Hostess Training.

In the return filed by the respondent no where it was mentioned that the instituion was deemed & proper, providing only that the faculty and infrastrutre was there and the complainant did not continue the course according to the service provided by the respondent.

Current Status of the case is that submissions and counter have been recieved, both of which date back to 2010. The complainant wishes to change his lawyer. The arguments have been previously concluded by both the parties and the next date of hearing is on 08.09.2015.

My query as a young lawyer is, what is the procedure to make additional submissions before the District Consumer Forum, where intial complaint and counter have been submitted. As I will be appearing for the first time in a case which has already been in litigation for 5 years and handled by different lawyers perviously. 



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 6 Replies

dr g balakrishnan (advocate/counsel supreme court)     24 August 2015

no need  of any procedure, after all forum is not a civil court. you can appear yourself . after all issues are very simple by presumption.

 

if you want to chane a lawyer you can do so, preferably taking NOC from the lawyer now contending yr case. if you aid his fees what problem you would face, you may not face any problem .

 

NOC is  based on fees if paid only. if paid NOC  any lawyer would give you,/

drs   24 August 2015

Originally posted by : dr g balakrishnan
no need  of any procedure, after all forum is not a civil court. you can appear yourself . after all issues are very simple by presumption.

 

if you want to chane a lawyer you can do so, preferably taking NOC from the lawyer now contending yr case. if you aid his fees what problem you would face, you may not face any problem .

 

NOC is  based on fees if paid only. if paid NOC  any lawyer would give you,/

Thank You for the reply Sir.

For the change of lawyer I have prepared a vakalatnama in my own name and the previous lawyer has agreed to provide NOC for the same.

I was inquring that since the forum does not have a procedure to be followed as a Civil Court. Can I submit additional documents i.e redraft the original complaint and submit the additional affidavit on the next date the case is listed. Stating facts and citing relevant case laws.

In the present complaint the brochure and promises made to provide services thereunder has not been taken into detail by the previous lawyer for the complainant, along with precedents in similar matters and current status of the institution and other students who were enrolled in that institution. Additional documents I wish to submit are in the lines of a return to the counter submitted by the Non-Applicant/Institution.   

Nitish Banka (lawyer)     24 August 2015

Just file your vakalatnama

dr g balakrishnan (advocate/counsel supreme court)     24 August 2015

there is no need of vaklat nama in consumer forum but your complaint is an application as forum is no civil court at all.

advocatepassy@gmail.com 971794 (Advocate)     03 September 2015

I do not think that you can add new arguments as the case is closed and only judgement is to be pro under on 8th September 2015

drs   06 September 2015

Originally posted by : Vinod Passy
I do not think that you can add new arguments as the case is closed and only judgement is to be pro under on 8th September 2015

No, the case is not closed. 3-4 hearings have taken place, the case is listed on the date.

The Course has been discontinued by the institution, having no successful graduates. Arguments to prove deficiency in service are to be submitted. 

i.Whats the procedure to get a copy of the previous documents submitted; judges file?

ii.Whats the procedure to Call witness? 

 


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