How should i present my case in the ncdrc, national commission-consumer court?
Mr. Hitendra Shah
(Querist) 18 April 2012
This query is : Resolved
This is a case of I) Deficiency in Services by Bank II) NOT Negligent but totally Willful, Intentional, Deliberate acts by the staff of Bank, the Bank is 100% responsible for Vicarious Liability III) Unauthorized Transfer or Withdrawals or Sell of my Shares from my Demat A/c which was deliberately allowed by the Bank, my shares were sold even after my ledger account in the books of accused started showing credit balance from 14/9/2005. Even after my Ledger A/c started showing Credit Balance, my Shares were sold from my Demat A/c from 14/9/2005 till June, 2007.
In reference to my Complaint with Consumer Court Forum, CCRC, I was being called in Mumbai on 26/11/2011 at 12.00 a.m. by CFBP. The lady member has given me proper advice. She advised me to go to the Hon’able National Consumer Disputes Redressal Commission with my Case/Complaint. She told me that as I did not have required documents, some of which I got from the Bank along with its letter dated 30/9/2010 and on the basis of which the facts came out and this is the reason that my complaint will not come under the period of Limitation because I got documents as on 30/9/2010 and from the said letter of the Bank, it has been established and confirmed that I) they have committed fraud in the POA II) they have put invalid Bank A/c and Demat A/c numbers in the said POA and committed Fraud and Criminal Breach of Trust III) the said POA was invalid document for my Bank A/c and Demat A/c opened with the Bank. Once it is confirmed by the Bank about Fraud which it committed, the complaint will not come under the period of Limitation. She also told me that as a precautionary measure I must file Application for Condonation of delay. I followed her advice and filed my complaint with hope, faith and trust for Justice on and from Hon’able National Commission.
The admission Hearing date is scheduled on 27/04/2012 at New Delhi. This is a case of my wife and I am going to represent her.
Please Help me.
Thanks.
Raj Kumar Makkad
(Expert) 18 April 2012
You have very good case in hand. The limitation shall definitely start from the date on which you came to know about the fraud of the bank.
Raj Kumar Makkad
(Expert) 18 April 2012
Your presentation shall be same as you filed your petition there. You need relevant citations supporting your case so that the same may be produced while leading argument. Facts should be put in concise manner but stress should be on the wilful deficiency of the respondent.
Mr. Hitendra Shah
(Querist) 18 April 2012
I have attached all documents (110) with the Complaint lodged with the Commission.
Thanks a lot.
Shonee Kapoor
(Expert) 18 April 2012
You have been well advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 19 April 2012
You have done well so far.
Now you need to argue the case well.
