How to represent before Hon'ble Supreme Court of india
ess oberoi
(Querist) 31 May 2009
This query is : Resolved
Dear Hon'ble Experts,
May I seek your bona fide advice in a consumer matter, wherein the consumer forum gave decision in favour of the complainant. The OP ie Service Provider & complainant preferred appeal before Hon'ble State Commissioner, where, the appeal of OP was dismissed and State commission enhanced the compensation of the consumer. The OP filed appeal before Hon'ble national commission, where appeal was dismissed as no error/irregularity in the exercise of jurisdiction by the State Commission noted in its impugned order. Now the OP would go for appeal before Hon'ble Supreme Court. But before that the consumer has filed a Caveat.
As per Supreme Court Rules,"After the appeal is registered, it shall be put up for hearing ex-parte before the Court which may either dismiss it summarily or direct issue of notice to all necessary parties or may make such order as the circumstances of the case may require" In these circumstances, may I seek guidance
(a) how to proceed with the case without engaging a lawyer (because of exorbitant fee and other reasons) ?
(b) What all a consumer has to say before the Supreme Court when the case at the three stages has been in favour of the consumer ?
(c) Will the Appeal be heard along with Caveater or ex parte as per above stated rules ?
(d) Before the matter is listed, what a consumer has to prepare ? Written Arguments ? or Oral arguments etc. etc.
(e) Can a consumer appear/advocate his matter before Hon'ble Supreme Court without having any law degree ? What all the Hon'ble Supreme Court may ask the caveator ? (in general terms)
(f) Before the Hon'ble Supreme Court, will the caveaor be heard first or the Service Provider now appellant before Supreme Court.
plz help. its urgent.
B.B.R.Goud.
(Expert) 31 May 2009
without engaginmg a supreme court lawyer or having a law degree, no one can plead before the supreme court or any court, for others. but for himself, he can plead.
however in all the stages the case is dismissed, due to the one or other reasons, there mey not be a genuine reason or ground to win.
ess oberoi
(Querist) 31 May 2009
May I seek further elaboration as to how to proceed before the hon'ble supreme court of india in my case.
Guest
(Expert) 01 June 2009
(a) you can proceed your case without engaging an advocate. This procedure is called "petitioner in person".
(b) It is not consumer (respondent before supreme Court), but you have to convince the hon'ble S.C. that even though there are concurrent judgements by lower courts in favour of respondent, why should the S.C. entertain your petition? What is the substantial question of law involved in this case?
(c) You have to serve advance copy to the caveator (or his counsel if he has already engaged) before filing your petition in the S.C., so that the caveator will also appear on the first date of hearing. If caveat is filed, no-exparte hearing will be there.
(d) The consumer (the caveator) reads the petition and comes to the Court to give oral answers regarding the case. If court is satisfied with the petitioner's contentions and not convinced with caveator's response, then caveator will be asked to file counter affidavit to the petition and case will be adjourned for that purpose.
(e) caveator can appear in person or can engage the advocate. Caveator need not to say any thing except to say that the lower courts' orders are in accordance with law.
(f) The service provider / petitioner before Supreme Court will be heard first.
