State consumer forum
Rajesh Tandon
(Querist) 08 May 2012
This query is : Resolved
I am an army officer approaching you for a legal advice. My wife had filed a consumer court case against yo bike i.e Electrotherm India. The case dragged on for quite some time but finally the decision was in our favour. However, we were not happy at all with the decision given by district forum at Jabalpur (M.P)since the district forum gave the decision to the company for recycling of the batteries which is hardly of any value since the batteries are of Chinese origin. There is an overall manufacturing defect in every part of the yo bike and we wanted that the full value of the yo bike i.e Rs 40,000/- being returned to us along with the compensation for harassment. Since we were not happy with the decision, we moved the state consumer Forum at Bhopal through a different lawyer. It appears as if the lawyer has not been taking any interest. I am posted at Lucknow and it is not possible for me to go and defend the case by myself every now and then and how long you can keep changing the lawyer. However in addition to this what I have noticed this that once the case has been listed, every time a fresh date has been given as what one can see from the website. We do not know what is happening. I don't even know as to what was the details of the case which was filed. So kindly suggest me what are the stages of trial at the state consumer Forum on the lines of stages of trial at the state consumer Forum (Notice, written statement, evidence, argument and decision.). I want to file an RTI with the state consumer Forum asking us to what all has happened till date in my case, asking them as to if the opposite party has appeared before the Forum or has filed its version. If not, then why the decision cannot be made ex-parte. Kindly suggest the effective, viable questionnaire for RTI in this subject matter and how the case can be speeded up. Ideally the cases are required to be decided within 90 days. The case is held up since May 2011. Also please suggest if there are any mechanism for complaint against the state consumer Forum for unnecessary delaying the case i.e putting dates after dates.
ajay sethi
(Expert) 08 May 2012
you dont need to file RTI applicationn
procedure is when you file appeal notice is given to opposite party . the appeal appears on baord for admission . if state commsssion feels a prima facie is made out then appeal will admitted .
due to heavy backlog of case final hearing of case may take some years .
in your case if you want to know what has happened in your case ask your lawyer to obatin certified copy of roznama ie record,
it will contain details of what has trnaspired on various dates
Rajesh Tandon
(Querist) 08 May 2012
THX A TON 4 prompt reply. what i do not understand is that in Nov 2011 the case was listed for motion hearing & now also after date of 27 Apr 2012, a fresh date has been given for 11 july 2012 & that too for motion hearing. What does this imply?. Kindly clarify.
ajay sethi
(Expert) 08 May 2012
it means in NOv 2011 motion was not heard hence case adjourned to 11th july 2012 .
what must have happened is in november judge must have had a heavy board and could not hear all cases or other side must have sought time
mahendrakumar
(Expert) 09 May 2012
a brief proceedings of your case could be located from confonet.nic.in under the link case status.
even though consumer protection act was enacted for speedy settlement of cases within 3 months,due to large number of cases along with delaying tactics of the parties,normally decisions comes after years.
if possible try to attend one or two hearing in person.
Shonee Kapoor
(Expert) 09 May 2012
I agree with Mahender Kumar.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
JANAK RAJ VATSA
(Expert) 09 May 2012
dear rajesh, it would be preferable to attend the next date of hearing in person since u also not very far off from the seat of state forum. take ur lawyer into confidence and ensure that the judge is not on lve on that day. lt col janak raj vatsa
