Consumer court forcibly took apology letter from me
Consumer Complainant
(Querist) 10 July 2018
This query is : Open
RTI Application of mine did not get dismissed. On the contrary. The judge who took reply from OP after 90 days told that he will transfer my case as I pointed finger at him through RTI query.
He said that if he transfers the case to some other court, nobody will decide my case.
He took from me forcibly in writing a letter of apology.
Later two goons took me and my wife forcibly to the registrar DCDRF room where I was made to sign forcibly that I am withdrawing my RTI application. They not only took my sign and also took my wife sign and gave back my IPO.
Now what to do?
SHIRISH PAWAR, 7738990900
(Expert) 10 July 2018
You can file compliant to state commission for consumer disputes and also approach local police station and file complaint.
Dr J C Vashista
(Expert) 11 July 2018
RTI Application is stated to have been filed before "DCDRF", which you were made to submit your withdrawal statement, is it true story ?
If so, consult and engage a local lawyer with your RTI Application and your statement recorded before DCDRF and move appropriate application before SCDRF.
Consumer Complainant
(Querist) 11 July 2018
JC Vashista ji,
Why will anyone write a story and post it. I am already fighting 2 cases. I had filed RTI application as I saw the president DCDRF overruling CP Act guidelines and also Hon SC guidelines of 45 days time limit for OP to file reply.
On 90th day the OP advocate appeared and filed vakalath and not even reply to the complaint that I filed. Accepting vakalath at 90 days and giving another date for the OP to file reply extended the time limit by another 15 days which made it 105 days from date of issue of notice.
One more thing is OP advocate himself given vakalath form to judge in open forum in front of me which I objected on 90th day which has 2 month old date and sign.
So many things have been managed by the OP at the level of the president and DCDRF.
The OPs have appeared on all the dates from the 1st date till the 90th day but have not filed any reply to my complaint.
Now because I filed RTI applicatoin asking how the President overruled and sidelined guidelines issued by CP act and recent SC judgement where it is manadatory for OP to file reply within 45 days and no time limit given beyond it.
For that RTI applicatoin which I have the president became furious in open court and said nobody will take up my case if he transfers the case to some other forum and he asked me in open forum to write unconditional apology letter.
I however wrote an apology letter explaining the whole thing what the president did in open forum and upon his request as he threatened to transfer the case and make no justice avaible to me, I am writing apology letter as he forced me.
As if this was not enough he got typed a letter in his own words where it was written that I wont ask anything in RTI act again. IF I ask, he will take stern action against me. My wife who was also with me though not the applicant under RTI act was aslo made foricbly to sign on that typed paper which did not have any name of the judge below or above but his signature only.
I have recorded the entire incident on video.
Now they returned my IPO too and took forcibly in writing that I am taking it back.
Now shall I file first appeal or write to ram vilas paswan?
Kishor Mehta
(Expert) 11 July 2018
Some times it is not advisable to adhere to the letter of the Law verbatim. Would it not have been better for you to let your Consumer application arrive at a conclusion as it was, then argue your grievances at the next level with all the facts at your disposal? It would definitely have proved productive and in your interests. I had a similar experience at the District forum, kept silent, proved my contention and was successful at the State Forum.
Asgher Mahdi
(Expert) 11 July 2018
The fact is you shown finger to the presiding officer as alleged by you which is wrong. What the action taken by him to write down apology letter and is done as per se.Further, the said officer has discretion to transfer your case to the different presiding offices is also, a right decision as proved from acceptance of tendering apology that he may consider as may not fit to deliver your case matter as a precedence. Now, the questions of you alleged the signature have been taken by force & goons accustomed you is all out of our understanding as no proof of it given to the forum to decide your matter as evidencing your allegation.Further, you have a rights to complaint against the presiding officer if your allegation based on truth with concrete evidence can take action. What Mr.J.C Vaista has said presumably look correct.
Consumer Complainant
(Querist) 11 July 2018
Asgher Mahdi sahib,
Of course its pointing finger at the presiding officer. When it is mentioned in CP Act like this:
Section 24A in the Consumer Protection Act, 1986
91 [24A. Limitation period.—
(1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period: Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay.]
Why have they made this rule? If everything can be changed, interpreted in whimsical fashion of presiding officers and then calling such acts as discretionary power of the presiding officer, why then the President DCDRF, in front of me in open forum for the past 6 months has been rejecting vakalath forms given by advocates citing the 45 day rule of the Hon Sc. Why has he been not accepting any reply from the OPs citing the same 45 day rule to file reply? For others it is one rule for me it is separate rule where the president simply overruled section 24a and also the guidelines issued by the Hon SC after seeing that people are taking disadvantage of lenience given by consumer forums in accepting the replies from the OP to the notice issued by the consumer fora.
This is clear partiality which I have pointed out. Where the OP has managed to make the president accept the vakalath form in open forum at 90 days and take another 15 days to file reply. The OP has also managed to give a vakalath form on 90th day and mention a two month previous date.
Are laws made to give relief to people in trouble or to give some more trouble to people who are already in trouble???
On top of it the goons whom I refer to are the attenders who work in the DCDRF. The registrar, the assistant registrar, the bench clerk all of them forcibly shouted threatened me to take back the IPO that I had sent to them via post. They however did not give my RTI application back. They in addition to apology letter, took as I mentioned above in own words of the president that he will take stern action against me if I ask anything in RTI again.
If that was not enough they took sign of my wife on that paper. Taking signature from me ok, but why took signature of my wife?
MR JC VASHISTA ji has told that I should contact advocate. The advocates who were present in the forum who witness all this were simply standing for their case to be called. They all hailed the president as the best judge they have seen. Now what is the guarantee that I will get justice from this judge? I already contacted advocate and nobody willing to take up my case. At least those whom I spoke to. I spoke to 10-15 advocates who had witnessed the entire incident.
That’s why I have psoted the entire thing which happened here.
Any help from you all will be of much help.
Asgher Mahdi
(Expert) 12 July 2018
Since by your narration of the incidents its clear that you have sufficient knowledge of consumer law I believe but strange to your lengthy query the matter presumably require to know through valid evidences of your allegations that you along with your wife have been harassed, first said goon , then saying staff/s of the consumer forum. Whereas, the veracity of your explanation, as such forum members are and may reluctant to answer you. On your mere allegations against the presiding officer no member/s in the forum may gives opinion unless you give us concrete evidences. In respect of your legal issue, you may approach the higher court and complain against your plea and even so if you are so potent you can challenge the merits/demerits of the stated Sections/ Article of the Consumer law. Further, I feel personally you are wrong in your statement that no advocate is supporting your cause as advocate will take up your case unless it has merit in it. Hope done, I have clarified your query.
Consumer Complainant
(Querist) 12 July 2018
Why forum members are reluctant, I dont want to know. I have replied to the answer that you gave. It would have been helpful if you would have suggested something which would be of help. You have reached the analytical point. When I say goons the goons are the attenders, bench clerk and the registar of DCDRF and you think they gave supari to rowdies to get my signature.
What the DCDRF have done is criminal.
I am not in wrong to ask why the President is accepted the vakalath form from OP advocate after 90 days.
If things are like this, what use of going to court, that was my questoin which you have not answered. Nor have I got answers from anyone else other than you.
Contacting a advocate how to do? As the advocates gathered in the forum hall were witness to all this harassment meted out to me and my wife, who else are better people who could take my case? I have spoken to each of them in person after the proceedings wre over and nobody took my case.
You on the other hand instead of helping by giving some solution other than contacting upper court or some advocate as suggested by Vashista ji. You have simply reviewed my reply and problem which in no way helped me.
Sudhir Kumar, Advocate
(Expert) 14 July 2018
nothing clear
what was the case before consumer court
how RTI came in picture of consumer complaint.
Consumer Complainant
(Querist) 14 July 2018
Sudhir Kumar,
In your trademark style you have again replied where it was not necessary. I have requested you several times not to reply to the queries that I have posted. Your reply is of no use to me.
I have explained at length everything, as ever your hunger for poking your nose everywhere has made you post reply. Pity people like you.
I request site admin to make note of this. Above Sudhir Kumar is simply harassing querists on LCI.
I request once again other members reply if they can.
