Selective discrimination by consumer courts
VVS Ramaikrishna
(Querist) 20 February 2012
This query is : Resolved
When courts
a) rely on layman's opinion while ignoring documents on record;
b) rely upon photocopy of fabricated and forged document despite strong objection and imparts miscarriage of justice;
c) appellate courts don't read the appeal and don't allow the appellant to clarify any point;
d) appellate court throws away the file giving the impression of pre-judging the matter instead of giving credence to interests of justice...
Should the citizen be a scape goat?
Does this not give handle to the trickster to get emboldened to continue to indulge in illegal acts?
Are the Laws meant for the benefit of the offending parties and against innocent victims?
mahendrakumar
(Expert) 21 February 2012
such type of general accusations do not help neither the system nor you.
Raj Kumar Makkad
(Expert) 21 February 2012
If any court/fora adopt the procedure told by you, the same is erroneous and its appeal should be filed before upper appellate court.
V R SHROFF
(Expert) 21 February 2012
VVS, LOOK AT THEIR VIEW POINT TOO.
Deepak Nair
(Expert) 21 February 2012
What is the issue that you are facing??
VVS Ramaikrishna
(Querist) 21 February 2012
I thank you all for replying to my post;
My issues are as at (a) to (d) above and these are not generalized accusations and are the facts faced by me.
To the expression of Mr. Shroff, while thanking you for the time, keeping in view of my original post, what view of these courts should I consider when fabricated & forged doc copies are relied upon while ignoring even data put on record. Does a victim appealing in person not deserve to be heard if the courts don't want to peruse the appeal stating that if they hear new cases who will hear the old ones...
I would like to ask Mr. Shroff as to what Law allows a photocopy of fabricated & forged document to be relied upon despite strong objections?
What Law allows an insurance proposal to be mocked in the name of an invented "Loan co-applicant" when the loan itself does not have a loan co-applicant?
what Law allows the court to ignore tampering with evidence to destroy the same?
Under what provision of Law does the court say that not booking the specific product is not deficiency, negligence in service despite citation of NCDRC order?
Ignoring all of these above facts, under what Law does the court twist facts to favor the offenders and absolve them from the illegal acts to enhance sufferings of the victim?
Raj Kumar Makkad
(Expert) 21 February 2012
No law permits to rely upon the fabricated copy of an alleged documents but all that is required to be proved and as already advised, a strong objection should be raised before the same fora and if still reliance is put to such documents then there is no other remedy but to file an appeal.
VVS Ramaikrishna
(Querist) 21 February 2012
Thank you Mr. Makkad.
I had believed that the highest court in consumer law would be more amenable to look at the documents and act more in the interest of justice than any other motivation, but I have been proven to be wrong.
In the face of irrefutable evidence adduced by me in person, NCDRC refused to pay attention to the offending documents but have twisted the facts.
This only gives more strength to the offending parties who are influential (a bank, an insurance company and a car dealer) and a crude shock to the consumer protection act itself...
V R SHROFF
(Expert) 21 February 2012
VVS,
CONSUMER FORUM, is a Forum , not court.[ I taken for granted your is Consumer Court Problem]
CPC, Civil Procedure Code & Evidence Act is not strictly adhered there. No Procedure.
As rightly observed, Influential Parties like Banks, Financial institutions, Reliance Energy etc get preferential weight-age.
They have their own constrains; That's why I asked you to peer through their side/their views, which you cannot see from your side.
In one case, a cheque book was issued by bank to stranger, and using thee said cheque by forged signature, someone en cashed money of NRI, who was in foreign country during the entire period of 10 days that it happened, proves beyond doubt that forged signature cheques were cleared.
Banks were powerful enough, and the victim only was punished !!! It is in Mumbai. A well known Advocate for Bank, who never loose a case. !! Miscarriage of justice, and appeal etc can cost further 5 years!.
One have to look at their view point. Our view points are limited to our interest only. If you had appointed a Lawyer, it might have changed the scenario!!
Indian Laws, constitutions, are best in the world, having very poor administration of Law Order and justice. All drama in court!!Waste of manpower , time, money, and no justice.
Read my "Lacuna of Court Proceedings" The Judicial system need review. ,
VVS Ramaikrishna
(Querist) 21 February 2012
Thank you Mr. Shroff
Yes I'll read it.
You are right about waste of man power, time, money and NO JUSTICE TO VICTIM.
I did appoint a Lawyer in the district forum who got more influenced. can you believe, the bank's lawyer did not make any oral or written arguments despite seeking adjournments for over 1.5 years and he took the order in his favor.
corrupt practices are rampant in judiciary too....
V R SHROFF
(Expert) 21 February 2012
They get big cut, 1/3 also thru banks,financial institutions, car & vehicle financiers, etc, one after another!! Regularly!! goes in crores, what you can offer? only once??
VVS Ramaikrishna
(Querist) 21 February 2012
aptly said and reflects what the practical world is practicing.
glad to have communicated with you.
is there a way out?
V R SHROFF
(Expert) 25 February 2012
NO. NOT IN NEAR FUTURE. look at Anna Hazare,
