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vijay kumar (Tutor)     23 July 2016

How to proceed futher. confused about juridiction & procedur

What is procedure of appeal; against the order from District Forum ?
Whatis the deposit amount; 25000 or something else ? How is it calculated ? Is this money returned ?
How 30 days is calculated ? Is it calculated from the date of execution order ?

According the DOT memorandum, consumer forum is competent to look after the disputes arising between telecom services provider and consumer.

District forum Patna said that it cannot give verdict on the basis of TRAI regulations over deficiency in services. It is not applicable at the forum . These regulations state what a company can do and what it cannot . Under this circumstance how consumer can prove that there was deficiency in services , if consumer forum is not ready to assess the services provided on the basis of TRAI rules and regulations.

If opposite party lawyer even after two years and 8 dates, lawyer failed to enter written statement and failed to engage in debate
and district forum is neither passing exparte order or observing supreme court order or listening to the plea of complaint .
What is its remedy .

What is procedure to making an application to state commission under section 17b for transfer of case .
 

 

 



Learning

 6 Replies

P. Venu (Advocate)     23 July 2016

Please provide the material facts.

Kumar Doab (FIN)     23 July 2016

Post full facts.

Obtain second opinion from very able counsel specializing in consumer matters.

vijay kumar (Tutor)     23 July 2016

@P.venu I had BSNL broadband and land line connection. for 6 months bsnl simply ignored my complaint and did not rectify the problems faced and charged for the same. Then suddenly they changed my plan without my consent. They ignored what they promised and they also ignored regulatory requirement. I meet with the BSNL officials they said they cannot do anything it's not their fault. I filed the complaint at consumer forum. Till date opposite party lawyer has not entered written statement or have contested the case. He comes and says he cannot understand , he simply does not come , or ask for compromise and then taunts me in the back and says go home. I have submitted supreme court judgement at consumer forum regarding the time limit but even after that time limit was not observed and undue advantage is given to opposite party's lawyer . I requested to give order on the basis of presented facts , rules and norms of trai and evidence i have provided, he said he cannot unless there is a debate and asked me to go to trai as forum cannot give verdict on the basis of trai regulations. I told forum about DOT order and TRAI having no tribunal or authority to punish even then forum was not convinced . Trai has no tribunal or court and dot already have cleared the fact that consumer forum is competent and can handle these disputes . Now over 1.5 years has passed , neither my case is dismissed nor i am getting any judgement , nor opposite party is doing anything . Hence I want to approach state forum or national forum and want the case transferred from district forum to them, because opposite parties lawyer is simply ignoring the case he does what he please and district forum is not doing anything to uphold law and justice and he is getting undue advantage. my second question was if district forum passes an order how limitation period of 30days for appeal is calculated . is it calculate from date execution order is passes or from the date when verdict is given or from the date when copy of order is given . if I want to appeal what is the procedure of appeal and what is the money which should be deposited is it 25000 or something else ? How is it calculated ? Is this money returned ?

vijay kumar (Tutor)     23 July 2016

@Kumar doab I am representing my case by myself . Could not afford lawyer. I am a student with part time job . Hence I am asking for help here on this forum .

Kumar Doab (FIN)     23 July 2016

There are many threads on similar query at LCi e.g;

 

 

https://www.lawyersclubindia.com/search_results_custom.asp?dir=forum&q=consumer+court+can+decide+private+telecom+cases+&B1=GO

 

https://www.lawyersclubindia.com/search_results_custom.asp?dir=experts&q=consumer+court+can+decide+private+telecom+cases+&B1=GO

 

 

https://www.lawyersclubindia.com/forum/Telecom-cases-amp-consumer-jurisdiction-107330.asp

 

https://www.lawyersclubindia.com/forum/Air-tel-has-deactivated-my-prepaid-mobile-connection-service-128386.asp

 

 

It shall be certainly better to proceed thru a counsel specializing in consumer matters.

Rest is upto you.

 

vijay kumar (Tutor)     25 August 2016

thanks everyone .


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