Arguements before consumer foras
mahendrakumar
(Querist) 27 October 2011
This query is : Resolved
is submission of a written argument notes is better than oral argument?
it would be better to give a detailed answer/opinion,than an yes or no.
ajay sethi
(Expert) 27 October 2011
some judges prefer written arguments to be filed . if judge desires written argument then file written arguments .
advantage is all case law cited by you are on record . if judge does not deal with said case law it helps you in appeal .
in oral arguments judge would like to summarise your arguments in short on account of heavy daily board .
better go in for written arguments
Devajyoti Barman
(Expert) 27 October 2011
This is not a case of what is better. It is procedure before the Consumer Fora out of which both the parties need to file Written Notes on Argument.
Since the submission is put into writing it helps the Forum to remember the points of submission of party.
Advocate M.Bhadra
(Expert) 27 October 2011
According to Forum's procedure you should file Written Argument with copies of citation if any.
prabhakar singh
(Expert) 27 October 2011
Yeah! written submissions are preferred by forums and that is beneficial to parties also.If any reliance is being case law that should also be mentioned there.
Raj Kumar Makkad
(Expert) 27 October 2011
Written arguments are followed by oral arguments so both are to be led.
It is not understandable how a detailed answer can be given without your detailed query? You are saving your yourself from pains and inviting all of us to invite pains without any issue. Very Good. Keep on.
mahendrakumar
(Querist) 28 October 2011
thanks to all for such a lively discussion.
I am 54 and take pleasure in many activities like rti,helping others in fighting consumer cases,counseling etc and etc.
Since I am not an advocate,I collect the required informations from various sources like this site and passes on the same to needy.
as such I may keep asking such things.
Hope Mr.Rajkumar,you can bear with me now.
V.T.Venkataram
(Expert) 28 October 2011
According to Regulation 13 of the Consumer Protection Regulations, 2005:-
13. Arguments.-
(1 ) Arguments should be as brief as possible and to the point at issue.
(2) Where a party is represented by a counsel, it shall be mandatory to file a brief of written arguments two days before the matter is fixed for arguments.
(3) In case of default to file briefs, the cost shall be imposed at the same rates as laid down for grant of adjournments.
prabhakar singh
(Expert) 28 October 2011
a GOOD IN PUT by Expert V.T.Venkataram to add to your kitty author mahendrakumar .
You are doing an appreciable job and can look forward to us for what ever guidance we can be expected to convey.
Keep it up.
M V Gupta
(Expert) 28 October 2011
Thanks Mr. Venkataram. You have answered the issue by quoting the relevant Regulation.
mahendrakumar
(Querist) 28 October 2011
thanks Mr.Prabhakar and Mr.Venkataram.
reg regulation 13(2),I have seen this notice placed at the notice board of the cdrfs.
However,it seems that nobody is paying any attention to the same.
in many cases the concerned "counsels" not only filing advance argument notes and many of them do not submit any written argument at all even during hearing. Instead they make oral arguments and none of the forum members seems to object this procedural violation.
may be it has become a routine deviation from what is there in the books.
M V Gupta
(Expert) 28 October 2011
But in the State Commission in Maharashtra written arguments are being insisted where parties are represented by Advocates.
mahendrakumar
(Querist) 01 November 2011
what remedies are available to the complainants in such cases where the prescribed procedure of reg 13(2) are not strictly adhered to?
can a decision of any consumer foras be challenged only because of this?
any cases of such nature?
AA RAMAKRISHNAN
(Expert) 03 November 2011
It is the convenience of the court. In some cases they insist on a written argument and sometimes they feel it not necessary to get a written one. In that respect an oral argument is sufficient. It is the descrition of the court to accept a written argument or ask the advocate to advance his oral argumrnt
mahendrakumar
(Querist) 03 November 2011
if it is a description,what was the need of reg 13(2 Mr.Ramakrishnan?
