District Consumer Redressal Forum
Ramya Iyer
(Querist) 04 August 2009
This query is : Resolved
I had filed a case in the District Consumer Redressal Forum against a Bank in 2007.The whole case was presented in English and argued in English.
But the Judgement Order I have got is in Marathi and with incorrect statements.
The Judgement order has been made by the Member Judge and approved by the Main Judge.Can I question this Judgement since it has wrong statements and also it is in Marathi and not in Engish? Or can I file a PIL? Request you to please advise.
Kiran Kumar
(Expert) 04 August 2009
u can not go for PIL in this case.
better u challenge the order in Appeal with the State Consumer Disptutes Redressal Commission under S.15 of the Act.
they might ve given wrong findings but can be corrected in appeal.
otherwise strange for me that a court/ tribunal giving judgment in regional language....i am hearing this for the first time.
Advocate SK Rohilla New Delhi
(Expert) 04 August 2009
Dear Ramaya,
No illegality has been committed in delivering the judgement in local official language. Earlier one judge of the City Civil Court, Mumbai and Justice Ghare, has delivered the judgment in Marathi language.
Solution: Translate the judgement in English language and file a appeal in State Commission.In appeal you can question legality and correctness of judgement.
Adv. Prashant Mali [MSc(CS),LL
(Expert) 04 August 2009
Dear Ramaya,
u cannot challenge the legality of the judgement or file an pil
Remedy : Translate the judgement in english from a professional and file for review in english in the same forum
under S114 of cpc
adv. rajeev ( rajoo )
(Expert) 04 August 2009
I agree with Kiran. but it is not strange giving the judgement in regional language. In our state consumer judgements are always in Kannada.
Kiran Kumar
(Expert) 04 August 2009
well in our State of Punjab i ve not seen any such judgment.
Parshant Ji with due respect, i dont think review petition is maintaible.
if u ve any law on this aspect then pls apprise so that i can add something more to my knowledge.
mintu
(Expert) 05 August 2009
Dear Ramaya,
I agree with above openion to file the appeal for the judgment but you have to first get the judgment translated in english from a recognized translated.
mintu
J K Agrawal
(Expert) 05 August 2009
If you feel that there is clericle mistake in jugdment you may file an application for corretion of the same under s 152 of CPC, else appeal is the only way.
R.R. KRISHNAA
(Expert) 06 August 2009
Appeal is not the remedy. The only way is approach the same forum and file an application for rectification for errors under section 151 CPC. There are many authorities delivered by the consumer forums and supreme courts that a rectification application lies under section 151. If the court or forum commits any mistake it is bound to rectify it and do justice to parties.
R.R. KRISHNAA
(Expert) 06 August 2009
Also there is nothing wrong in writing the judgment in local/regional language. It can be translated and used.