whether a litigant a consumer
mahendrakumar
(Querist) 13 December 2010
This query is : Resolved
whether a litigant/petitioner of a consumer court comes under the definition of consumer,since he/she is paying a fee and availing the service?
If so can one file a consumer case against a cdrf for deficiency of service?
Any previous similar cases?
answer only,if you can provide the details like relevant rules/orders etc
adv. rajeev ( rajoo )
(Expert) 13 December 2010
No he is not the consumer of the consumer court. the fees paid by you is not for taking any service from the court it is a redressal forum for the consumer disputes.
Raj Kumar Makkad
(Expert) 13 December 2010
There is no possibility in India as on date to file case against Consumer Forum or any court because you pay fee for availing their services.
Raj Kumar Makkad
(Expert) 13 December 2010
You think that you have purchased or hired the consumer forum for your own purpose and if they do not give decision according to you then they have committed deficiency in service?
Wah Dhanye hain aap..............
Uma parameswaran
(Expert) 13 December 2010
You can move before High Court against Consumer forum.
Parveen Kr. Aggarwal
(Expert) 13 December 2010
No. Consumer Fora does not render services in terms of section 2(1)(o) of the Consumer Protection Act, 1986 and as such a litigant is not their consumer.
Sachin Bhatia
(Expert) 13 December 2010
No the litigant/petitioner of the consumer court can not comes under the defination of consumer.
Sachin Bhatia
(Expert) 13 December 2010
Any party aggrieved form the final order of District Consumer Forum may appeal to State Commission within 30 days
Advocate. Arunagiri
(Expert) 13 December 2010
Parties to a case in court or consumer forum can not be treated as a consumer.
mahendrakumar
(Querist) 14 December 2010
thanks to all.
my grievance is not against any decisions of the forum.
inspite of the disposal of the case about 50 days back,the forum has not prepared the full text of the judgement and delivered a copy.
number of visits to the forum has not helped.
everytime,I am told,the order will be sent within two weeks.
I felt there is a deficiency of service on their part. May be becuase,I am not a part of the legal fraternity.
Parveen Kr. Aggarwal
(Expert) 14 December 2010
For providing you a copy of the Judgment, Consumer Forum does not charge anything and the same is provided free of cost. Therefore, you cannot be termed as consumer for obtaining certified copy of the Judgment.
The time taken in preparation of copy of the Judgment will be excluded. In case you want to prefer an appeal thereagainst, you will be having the time period from the date of receipt of the copy.
mahendrakumar
(Querist) 16 December 2010
again, I make it clear that my query has nothing to do with appeal.
I wanted to know that according to any rules/law is there any mandatory maximum period by which the full text of the judgements to be prepared after the disposal of the case?
If not done what is the remedy available?
in this context only,I had raised the deficiency of service issue.
In the absence of any rules for publishing/making available of the full text of the judgements,does it means that,consumercourt can do this according to their whims and fancies as and when they feel?
I hope experts will address this part of the query
Parveen Kr. Aggarwal
(Expert) 16 December 2010
No time limit is provided for making copy of the Judgment available to a party to proceedings under the Consumer Protection Act, 1986.
However, if you feel that the officials are acting with mala fide, you may complain against them to the Presiding Officer of the Forum.
In any case, there cannot be deficiency in services as contemplated under the Consumer Protection Act, 1986 because a Forum constituted under the Act does not render services defined as thereunder.
mahendrakumar
(Querist) 16 December 2010
thanks Parveen,as yours is almost a near reply to my query.
During my last visit to the forum about two weeks back, I had tried to meet the president and appriase the delay,however,he had declined to meet me informed the personal staff that judgement would be delivered to me by post within two weeks.
there is nothing proove the malafides,however the counsel for the op is known for such things.
I have noticed that during the past two months no full judgement appeared in the website other than parties entering to compromise.
As you say no time limit is mentioned in the consumer protection act,the only option now available to me is just wait...?
eventhough,technically there is no deficiency,what will you call for this inordinate delay once the case is disposed off? Unless the orders comes in black and white,the very purpose of justice is not met?
mintu
(Expert) 14 January 2012
Now once again the National Commission has said "Professionals like doctors and lawyers as per the traditions of their profession are expected to serve their client’s interest to the best of their professional competence and ability. Failure to do so is clearly a deficiency in service"
Whole judgment has been attached herewith
Previously National Commission in R.P.No.1392 of 2006 - D.K. Gandhi Vs. M.Mathias (decided on 06.08.2007) wherein the Commission ruled that the services rendered by lawyers are covered under the Consumer Protection Act, 1986. Hon'ble Supreme Court has kept the matter in clod storage whereby staying the effectiveness thereof upon filing of SLP against the said judgment.
