Advic regarding state consumer dispute redressal commission
Vijay
(Querist) 09 August 2017
This query is : Resolved
Dear Sir/Sirs, dt 09/08/2017
Brief description of case:
My teeth i) had gaps ii) they were tilted and iii) midline of teeth and midline of face was not collinear. I approached a dentist and asked her whether she can remedy above three problems regarding my teeth. She promised to solve above three problems. After almost complete treatment, she solved only one aspect of problem, that of gaps. Other two aspects were not solved, those of tilted teeth and skewed and non-collinear midline. When I brought the problems to her notice, she simply ignored them.
I approached District Consumer Dispute Redressal Forum. Dentist or her lawyer never appeared at District Forum. District Forum delivered its verdict in my favour.
(date of verdict : 31 March 2017 ). District Consumer Dispute Redressal Forum sent a copy of verdict to me as well as to dentist.
From my friends, I learnt the dentist has approached State Consumer Dispute Redressal Commission (Mumbai). Staff at SCDRC informed me that Appeal has been lodged but not admitted. Some objections have been raised. Therefore, it is “on objection”. Until objections are not removed, appeal will not be admitted.
I want to know:
1. What does mean by appeal is ‘on objection’? What does ‘objection’ mean?
2. Is there any time limit to remove the ‘objections’? Appeal filed by dentist (on 2nd may 2017) is in this state i.e. Appeal lodged, objections raised, hence appeal not admitted.
3. What if ‘objections’ are not removed by the dentist? Will appeal lodged by her will stay in such suspended state forever?
4. Are there any laws/ rules in Consumer Act, which require the party filing appeal in State Consumer Forum to inform opposite party that appeal has been filed?
(When I filed case at District Forum, I was told to submit three set of complaints, one of which was meant for opposite party i.e to dentist.
I have not yet been informed by opposite party i.e dentist, that appeal against verdict of District Forum has been lodged in State Forum. Neither has State Forum informed me anything formally.)
5. Should I file execution request at District Consumer Dispute Redressal Forum?
6. At this stage, what is best course of action for me?
Advice will be highly appreciated.
Thanking you,
Yours Sincerely,
Vijay Rathod.
Rajendra K Goyal
(Expert) 09 August 2017
You may file execution in the given circumstances.
Vijay
(Querist) 12 August 2017
Dear Mr. Goyal, thanks for your advice.
I am also expecting answers for rest of queries i.e. query number1 to query number 4.
Kindly advice.
Kumar Doab
(Expert) 12 August 2017
You may act upon advise of Mr. Rajendra K Goyal..............
Kumar Doab
(Expert) 12 August 2017
You may go thru:
THE CONSUMER PROTECTION ACT, 1986; S;15
http://ncdrc.nic.in/bare_acts/Consumer%20Protection%20Act-1986.html#_Hlk149662143
Kumar Doab
(Expert) 12 August 2017
Also go thru:
The website of State Consumer Commission and you may find the description as desired;
e.g;
PROCEDURE FOR FILING APPEALS:
In terms of the provisions contained in Section 15 of the Consumer Protection Act, 1986, it has been provided that any person aggrieved by an order passed by the District Forum may prefer an appeal against such order to the State Commission within 30 days from the date of the order.
Rule 8, sub-rule (1) to sub-rule (5) of the Delhi Consumer Protection Rules, 1987 deal with the procedure of filing appeals, and the same is reproduced below for the benefit of the general public:-
(5) The appellant shall submit three copies of the memorandum to the State Commission for official purposes along copies for service to the respondent/OP.
http://www.delhistatecommission.nic.in/filing_procedure.htm
Vijay
(Querist) 14 August 2017
Dear Mr. Kumar Doab, my heartfelt thanks ! Your advice and websites you advised are very useful. I would be filing execution request soon. You have addressed my major problem.
However, I would be glad to have advice on queries number 1,2 and 3 as well. Solving queries number 1,2 and 3 would enable me to understand my current situation with clarity. This will also make me more confident while arguing my case in court.
Regards,
Vijay
Kumar Doab
(Expert) 14 August 2017
The rules have already been noted by you.
GO thru the rules in our state...
Kumar Doab
(Expert) 14 August 2017
GO thru:
9. Scrutiny of complaint, appeal, petition and revision petition.-(1 ) Every complaint, appeal, or revision petition shall after it is filed be numbered by the Registrar.
(2) If there is any defect in the filing of the complaint, appeal or revision petition, the particulars of such defects shall be recorded and the party or his agents shall be informed of the defects asking them for removing the defects within 15 days.
http://ncdrc.nic.in/Regulations2005.html
Kumar Doab
(Expert) 14 August 2017
GO thru:
THE CONSUMER PROTECTION ACT, 1986; 12(3)
http://ncdrc.nic.in/bare_acts/Consumer%20Protection%20Act-1986.html
Kumar Doab
(Expert) 14 August 2017
You have already visited the State Commission and staff of State Consumer Commission…
Ask them.
They are helpful.
Or check with your own counsel
Or
Any a local senior very able senior counsel of unshakable repute and integrity specializing in consumer matters and appearing in the commission…………….
Kumar Doab
(Expert) 14 August 2017
You are welcome.........!
Kumar Doab
(Expert) 14 August 2017
This should address all the points raised so far....
Vijay
(Querist) 17 August 2017
Dear Mr. Kumar Doab, I am thankful to you for your generosity!
You have addressed all my queries/ doubts!
I hope I will have benefit of your guidance in future too!
I studied all the sites you suggested.
Well, I have one more doubt. After studying one of the sites suggested by you (http://ncdrc.nic.in/Regulations2005.html), I noticed that “Notification (content of the site)” nowhere expressly says that if defects (objections) in appeal are not removed within 15 days, appeal will be deemed as rejected (section 9).
In fact point 4 of section 9 Scrutiny of complaint, appeal, petition and revision petition says : (4) After the expiry of the time given, the matter shall, irrespective of the fact as to whether the defects have been removed or not, be placed before the Consumer Forum for appropriate orders. (In my case ‘State Consumer Forum’)
Therefore, now my dilemma is whether:
a) I should file execution petition at District Forum (if I file execution petition at District Forum, would not District Forum argue that since opposite party has filed appeal at State Forum, we should wait for its decision?) OR
b) I should insist State Forum to decide at earliest on whether it has rejected or accepted the appeal.
Kindly advice.
I have visited Maharashtra State Commission and staff of Maharashtra State Commission is cooperative but they are not lawyers or expert. Therefore, there is always doubt regarding their advice.
As you may have already guessed, in my current circumstances, I cannot afford to hire a lawyer. Nor is it possible to tolerate injustice, therefore I have to fight it out on my own.
Good Samaritans like you, in my city, have helped me to win at level of District Forum but it seems they are not sure how to proceed next. I believe I have won half battle. I also intend to win the rest.
I will keep you informed of the progress of my case right here (on ‘lawyersclubindia.com’).
Regards,
Vijay.
Vijay
(Querist) 16 December 2017
Dear Sir / Sirs,
There have been some developments in my case. I hope you would like to know those developments.
As per your advice, I filed Execution Petition. On 01/09/2017, I sent Execution Petition by post to District Forum. It was not accepted by District Forum. I was told I will have to be personally present (or my representative, which I do not have). Moreover, I learnt, a letter has to be sent to opposite party requesting implementation of District Forum Judgment, which I had not sent.
I sent the said letter on 12/09/2017, which predictably generated no response. Therefore I filed Execution Petition on 03/11/2017 by personally visiting the District Forum. On the very next day i.e. 04/11/2017, District Forum President ordered to issue summons to opposite party directing them to be personally present on next hearing (On 04/12/2017) failing which they could be fined, arrested or both . Immediately administrative staff of District Forum prepared the summons and I personally delivered it to the concerned police station.
Police implemented the summons and sent report to District Forum. It made miracle ! Since the day I filed complaint at District Forum , opposite party had never appeared in the Forum. Order was passed ex-parte. But, on 04/12/2017, opposite party appeared before the Forum , for the very first time! Meanwhile, opposite party approached State Commission on 27/11/2017obtained stay order from State Commission and produced the letter to that effect at District Forum on 04/12/2017. Stay Order reads as follows “Dated 27/11/2017. Adv. Dhurt is present for the appellant. He has requested for extension of time to comply stay order. One week is granted for compliance. Office to inform by e-mail to District Forum concerned. So also, appellant to carry copy of the order to the District Forum humdast. Adjourn to 04/01/2018.” President of District Forum told Opposite Party to either go to jail or pay the amount. Opposite Party paid entire amount of fine (which I was supposed to get) to District Forum ( by DD ).
Meanwhile opposite party (i.e. dentist) had filed appeal to State Commission on 02/05/2017 ,as I have already mentioned. Appeal was on objection for many days. It was accepted on 5 th Aug 2017(which I learnt a day ago from CONFONET), unknown to me. State commission also had its first hearing on appeal of Opposite Party on 30 th August 2017, again unknown to me.
On 04/12/2017, when Opposite Party was summoned to District Forum, it handed me copy of ‘Appeal’ it filed to State Commission, and copy of stay order it obtained from State Commission.
Please advise:
1. Opposite Party (dentist) received District Forum verdict on 06/04/2017 by registered post from District Forum . CONFONET shows Appeal filed on 05/08/2017.
Shouldn’t Appeal been rejected because it has been filed beyond prescribed time. { As per section 15 of Consumer Act and section 9-5 of http://ncdrc.nic.in/Regulations2005.html (which you brought to my notice)}
2. Shouldn’t State Commission have sent me copy of Appeal and notice when Appeal was accepted by State Commission ?
3. Next hearing of State Commission is on 04/01/2017 (as mentioned in stay order). For the first time I will be appearing before State Commission.
What should I tell ‘State Commission’ ?
Regards,
Vijay.
Vijay
(Querist) 12 June 2018
Trying to resolve the case. Thanks for your advice!!
