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Shekar Suman   25 December 2019

Judge using bullying tactics in state commission

This is regarding appeal case going on in the State Consumer Commission i.e. KSCDRC Bangalore.

The Appeal case is filed by the Appellants who have not paid a single naya paisa of the 10 lakhs awarded by the 4th additional DCDRF Bangalore during November 2018.

 

The Appeal case has been going on and on and I have represented myself in person and filed written arguments against the Appeal filed.

 

The Commission has taken 4.25 laKhs as deposit for hearing the case.  The judge threatened to send back the case to lower forum if I did not agree to compromise with the appellant op and receive a lesser paltry sum of money as opposed to the orders of the Lower Forum directing the appellant OP to pay me 10 lakhs in toto.

 

Though I objected to the judge using bullying tactics to favor the appellant OP when he said if I do not agree to compromise and receive lesser amount, he will make me roam to court for another 3 years in lower forum by remanding back the case to lower forum.

Reported this to Registrar KSCDRC but in vain.

My question to advocates is, can a judge do like this?  Is it not illegal and misuse of discretionary power?

 

 



Learning

 9 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     25 December 2019

Dear sir,

Judge saying in open court is not possible but it is the case then you can complain to national commission. And consult with another senior advocate.

Regards,

G.L.N. Prasad (Retired employee.)     26 December 2019

Judges are smart, and there is nothing on record, they have such powers and in umpteen cases, they have used such pressure tactics at various levels  It is just a temporary and honorary post and the short term he has to make more money.  Even if you go for NCDRC, the same man can influence them also.  But once District Forum has decided such compensation, without stating any good reasons on record, State commission normally does not take action without reasons.  The maximum you can pray for transfer of your appeal to another state commission before the decision is out and can take a chance.

1 Like

Shekar Suman   26 December 2019

Originally posted by : G.L.N. Prasad
Judges are smart, and there is nothing on record, they have such powers and in umpteen cases, they have used such pressure tactics at various levels  It is just a temporary and honorary post and the short term he has to make more money.  Even if you go for NCDRC, the same man can influence them also.  But once District Forum has decided such compensation, without stating any good reasons on record, State commission normally does not take action without reasons.  The maximum you can pray for transfer of your appeal to another state commission before the decision is out and can take a chance.

So you are telling it is well settled fact that judges are crooks.  So now I have to throw dice and decide if Kerala Commission Judge are corrupt or TN Commission judge are corrupt or AP judge is corrupt?  NCDRC judges the KSCDRC judge hiimself ruled out by stating that you have to go to Supreme Court if you dont agree for mediation.  So NCDRC judges are corrupt.

Now to rule out other state commission judges I have to give transfer application just to check out corruptness level of the judges? 

T. Kalaiselvan, Advocate (Advocate)     26 December 2019

You do not have to budge to the pressures of the court which is pressurising you to accept the compromise.  You can inform court that you are not willing to compromise for the lesser amount and let the court pass any order.  You don't have to be worried about this becasue this is not the final court, you can prefer an appeal against the aggrieved judgment before NCDRC.

1 Like

G.L.N. Prasad (Retired employee.)     26 December 2019

Suggested for "transfer" with a hope that there are still honest and sincere members in the State Commission.  A suggestion, decision left to member.

Dr J C Vashista (Advocate)     27 December 2019

Whether you wish to compromise or not is solely your personal decision, which can not be compelled by the Court/ Judge. Donot accept if you do not want a compromise.

Proceed as advised by your lawyer engaged / paid by you since s/he is well acquinted with facts of the case, an able, competent and intelligent enough to guide and proceed.

1 Like

Shekar Suman   28 December 2019

Can complaining to NCDRC have any positive effect on my case? or Should I complain to nodal agency who deals with consumer affairs? or is it not worth complaining about judge using bullying tactics to make me recieve lessr amount as opposed to lower forums order?

T. Kalaiselvan, Advocate (Advocate)     28 December 2019

In my opinion, any complaint against the judge with the superior authority may not attract any favorable response, hence you allow the court to pass an order  against which,  if you are aggrieved, can prefer an appeal before the appellate court.

You should concentrate on your relief first and then only think about other aspects if you dont get any relief till the end.

G.L.N. Prasad (Retired employee.)     28 December 2019

Please understand, the insiders have always understanding in between them and they work together.  Take instance, in one case known to me, issues were not framed for 3 years for a 96 year old lady declaration suit, one of the defendant made a complaint with computer generated website proceedings, and HC has just endorsed it to the court, and the Judge was so angry on plaintiff and has been harassing. Within a day on receipt, issues have been framed suo motu by calling all advocates in the suit.  The IA for appointing Advocate commissioner and another IA for Power of Attorney by 96 years lonely lady was never numbered over the last year and every time she attends the court, adjournments are given for 15 days, and it took 30 visits for her without any cross-examination.   After she suffered paralysis, now she was recalled for cross-examination immediately.

Strange but true.  A common litigant can not get justice in time.  They can find several ways to dismiss and except appeal, we can not question them. In a State forum case, the fees were collected and the application was rejected on limitation but fees were never returned and Rs.2,000/- is substantial for a poor consumer.  Many times, the opposite party may not object, but President or some registrar raise hundreds of objections when the consumer cases are to be admitted as summary cases on strength of complaint and many facts may emerge during arguments.

This can not be advised professionally on the sensitive stand and it is your wise decision that can help you in these circumstances, where Judges take a stand to support OP..  My only submission is that your case is not rare, and one can only curse his fate for approaching such unkind officials.


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