Do not want to compromise
Shekar Suman
(Querist) 25 December 2019
This query is : Resolved
This is regarding appeal case going on in the State Consumer Commission i.e. KSCDRC Bangalore.
The Appeal case is filed by the Appellants who have not paid a single naya paisa of the 10 lakhs awarded by the 4th additional DCDRF Bangalore during November 2018.
The Appeal case has been going on and on and I have represented myself in person and filed written arguments against the Appeal filed.
The Commission has taken 4.25 laKhs as deposit for hearing the case. The judge threatened to send back the case to lower forum if I did not agree to compromise with the appellant op and receive a lesser paltry sum of money as opposed to the orders of the Lower Forum directing the appellant OP to pay me 10 lakhs in toto.
Though I objected to the judge using bullying tactics to favor the appellant OP when he said if I do not agree to compromise and receive lesser amount, he will make me roam to court for another 3 years in lower forum by remanding back the case to lower forum. or go to Supreme court of India for appeal and waste another 3 years.
Why is the judge telling Supreme Court appeal? Is filing appeal at NCDRC is of no consequence?
On reporting the matter to Registrar of commission, he states that 3000 cases are pending and only 1 judge in the commission, so somehow he has to finish the case. That is why he is doing like this, he told.
My question to advocates is, can a judge do like this? Is it not illegal and misuse of discretionary power?
What can be done in this case?
Dr J C Vashista
(Expert) 26 December 2019
Answer to you question is "no".
Seek advise of your counsel who is well equipped with relevant facts/ information / record of the case(s) an able, competent and intelligent enough to satisfy your questions.
Shekar Suman
(Querist) 26 December 2019
You are not advocate. You are some army retired fellow who did LLB through correspondence. Let others reply grandpa.
T. Kalaiselvan, Advocate
(Expert) 26 December 2019
The judge cannot force you to go for compromise.
The pendency of cases for years and the heavy burden on court due to this is not your problem.
You do not have to agree to the proposal made by court.
You can refuse to accept the compromise arrangement proposed by court if you are aggrieved by this decision.
The court cannot force you to accept it decision, and this is not the final authoritative court, you can remain silent or refuse to accept the decision of the judge who is trying to pressurise you on this.
Let the court pass any order, if you are aggrieved then you may prefer an appeal before NCDRC. against the aggrieved judgment passed by this court.
Sb Karma
(Expert) 28 December 2019
No one can force to compromise ....so don't worry,
and yes if someone force order without valid ground it may questioned
