consumer dispute
monika
(Querist) 27 August 2009
This query is : Resolved
can anyone guide me that if the consumer forum of a particular state is defunct for over more than two years and the case is pending in the consumer court from last 4 years do we have the remedy to seek relief from high court how and under what provision please guide
R.R. KRISHNAA
(Expert) 27 August 2009
File a writ petition in the High Court seeking direction to be issued to the government for the effective functioning of the consumer forum.
Later you can approach the state consumer forum and seek direction for the early disposal of your case which is pending for 4 years or you may approach the High Court itself to seek direction for early disposal of the case.
Manish Singh
(Expert) 27 August 2009
you can approch the National Commission at delhi with a petition to transfer your complaint to some neighbour state commission. that will solve ur purposes.
Kamal Grover
(Expert) 28 August 2009
You can first approach to the State commission with an application to made a direction to the consumer form to dispose off your matter in time bound. If State commission did not agreed upon your application then you can approach to the national commission. coz the hararcy in consumer form is like that but i dont think that high court will consider the matter for direction coz state commission and national commission has power to made any direction to the consumer form or to transfer the case.
For more detail you may write at
adv.kamal.grover@gmail.com
Advocate High court, Chandigarh
Shyam Ji Srivastava
(Expert) 28 August 2009
Dewar Monika,
Yu can move concerned State Consumer Dispute Redressal Commission for direction against the Consumer Forum. You can not appear/filed directly to the National Commission.
Shyam Ji Srivastava
Senior Advocate
KANPUR
098390 28040
A. A. JOSE
(Expert) 29 August 2009
If you are desirous of immediate remedy, please resort to filing of Writ Petition in the High Court concerned against the State Government concerned, State Consumer Commission,etc.,seeking direction to make the CDRF functional with immediate effect. If you chose other alternatives suggested herein above, it may again consume 4 years please. I recall having read some judgement of apex court in the past giving direction to the State/Central Governments to create CDRF in every District and make them fully functional also. If I am able to trace it, I may forward it to you. Perhaps, any of the friends in our Club may also be look into this if they have any citation on the issue.
With best wishes,
ajay somani
(Expert) 29 August 2009
you can simlicitor file writ petition before hon'ble high court for directing the state commission to decide the appeal within the stipulated period
adv. ajay somani, nagpur, maharashtra-- 09373157000
G. ARAVINTHAN
(Expert) 30 August 2009
File a writ of Manadamus to dispose the Complaint before the forum within a stipulated time
Arul Kumar
(Expert) 31 August 2009
I agree with Mr. Joseji.
Adinath@Avinash Patil
(Expert) 01 September 2009
for speedy remedy you must frirst make applicaton for seeking dorection before state consumerdispute redresal authority.
dinesh
(Expert) 01 September 2009
I don't fully agree if any of these solutions can offer a plousable and effective and urgent remedy. Your simple query is that the the consumer forum of your state is defunct for over more than two years and the case is pending in the consumer court from last 4 years. You want to seek seek relief from high court how and under what provision please guide. It is off course open for any person to seek a remedy from HC under Art 226 of the Constitution but for effectively availing it you have to show that you have availed the reasonable opportunity available to you under law. Since, the matter is effecting other litigants as well and the district consumer redressal forum is under the state list. It is advisable to file an RTI aaplication to the concerned state authorities under consumer affairs. Write to them about the revival of the district forum or in absentia transfer the cases to other distt. with the approval of state commission.
In the event of failure, seek a remedy from HC for issuing necessary directions.
Dinesh
MANISH
(Expert) 03 September 2009
Dear friend,
You may file a writ petition before the Hon'ble High COurt of yoour state, wherein you may ask for the relief of early disposal of your case.
Advocate SK Rohilla New Delhi
(Expert) 04 September 2009
Before approaching high court under article 226 you must satisfy yourself that you have availed all other remeady available in law. In your case, it is appropriate to knock State Commission for appropriate direction to dispose of your case expeditiously or transfer the case within state to other Consumer Form. In its inherent power, State Commission is empowered to give appropriate direction.
DR.P.L.NAWALKHA
(Expert) 05 September 2009
A TIME LIMIT FOR HEARING OF THE CASE MUST BE PRESRIBED.DEFUNCT CONSUMER FORUM FOR TWO YEARS IS LIKE NON-EXISTENT CONSUMER COURTS.STATE CHIEF MINISTER/HEAD OF CONSUMERFORUM ,HIGHER TO THIS SHOULD TAKE IMMEDIATE COGNIZANCE AND MAKE INTERIM ARRANGEMENTS. DR.P.L.NAWALKHA
INGLE G.[ADVOCATE]9421657505
(Expert) 05 September 2009
no 1 is that no state commission has been stop their work that u r saying.YOU GIVE ME IN DETAIL OF UR MATTER AND THE STATE COMMISSION WHICH IS NOT INWORKING SINCE 2 AND MORE YRS. THIS IS HIGHELY IMPOSIBLE IF THE COMMISSION IS NOT WORKING THEN THE NOTIFICATION SHALL BE ISSUED REGARDING AND PROVISION OF TRANSFER OR PRCEEDING SHOULD BE INFORM TO EVERYBODY.AND IF THIS HAPPIANING U GIVE ME DETAILS ABOUT THAT COMMISSION.ITS VERY SERIOUS THING AND HIGHELY IMMPOSIBLE THING THAT U R MENTIONING.
INGLE G.[ADVOCATE]9421657505
(Expert) 09 September 2009
U R ASKING USELESS QUESTION AND I THINK EMINANT LAWYERS DO NOT WASTE THEIR TIME.BECAUSE ITS HIGHLY IMMPOSSIBLE PROB.AND IF U KEEP MUM FOR 4 YRS THAT MEANS U R NOT INTERESTED IN UR MATTER.U TERLL ME WHAT U DID DURING THIS 4 YRS?AND INSPITE OF THAT IF U R NOT GET JUSTICE THEN U CAN ASK THIS QUERRY.THIS IS ABSULETLY WASTAGE OF TIME.
riven
monika
(Querist) 12 September 2009
A REPLY FOR ADV. INGLE G.sir I think before calling it a use less query try and understand the issue it will make the things much more clearer my car met with an accident and it was sent to a workshop then after clearing the bills we took the vehicle at 8 pm and next day the engine almost caught fire,when the workshop was contacted they refused to come to the spot and when somehow we reached the workshop and asked them about the reason they were rude and refused to check the car then a complaint was filed in the consumer forum.around two years the case was run and then was to put for final argument since the forum is not functional.after about two years chairman was appointed,but due to some serious ailment,chairman is not in a position to attend the forum. Now please suggest the remedy as appeal or transfer is not applicable in such case.moreover since four years the car is with the workshop, insurance co. has not settled the claim.and matter is still in air.hope facts revealed can make the problem more clearriven
Guest
(Expert) 14 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE CONSUMER FORUM DISPUTE KINDLY NOTE THAT.
1.EVERY DISTRICT IS HAVING DIST.CONSUMER DISPUTES FORUM.IN CASE YOUR CONSUMER COMPLAINT IS PENDING FOR FOUR YEARS FOR ANY REASON THEN YOU MAY FILE AN APPLICATION FOR EXPEDIATING THE MATTER IN THE SAID COURT.IN CASE YOU HAVE ALREADY FILED THE APPLICATION AND STILL IT IS PENDING THEN YOU CAN APPROACH STATE CONSUMER DISPUTES REDRESSAL COMMISSION FOR RELIEF FOR EXPEDIATING OR TRANSFERING THE MATTER.
2.BUT IN CASE THE MATTER IS PENDING FOR LONG TIME AT STATE CONSUMER DISPUTES REDRESSAL COMMISSION THEN YOU MAY FILE APPLICATION TO THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION FOR EXPEDIATING THE MATTER IN THE SAME COURT WHERE IT IS PENDING OR MAY PRAY FOR TRANSFER OF THE MATTER.
3.KINDLY NOTE THAT YOU MAY APPROACH HONOURABLE HIGH COURT OF JUDICATURE OF THE STATE ON THE GROUNDS OF ILLEGALITIES AND DELAY.BUT KINDLY NOTE THAT AS YOU HAVE ALTERNATE REMEDIES AVAILABLE YOU FIRST TRY TO AVAIL THE REMEDIES FIRST AND IN CASE NO RESULTS ARE THERE THEN YOU MAY APPROACH HONOURABLE HIGH COURT OF JUDICATURE PLEASE NOTE.
KINDLY SEND THE DETAILS IN CASE ANY FURTHER HELP IS REQUIRED .
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.riven
