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Thread: consumer court delay

  1. #9
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    N.K.Saini
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    Re: consumer court delay


    Quote Originally Posted by opsharma View Post
    suggest read this thread from the beginning to get idea who is posted query,and see posts 2 and 4 . RTI is very much applicable to consumer courts. Visit: http: //ncdrc.nic.in/ contactus.html. In consumer court site,go ot RTI section and see AA,PIO and APIO etc.
    Sorry for the goof up and thanks for the info that RTI is applicable to Consumer Courts. Still I feel RTI would be of little help, if any, in a case like this. They (Consumer Court) do not have fixed time limit to dispose off cases. All they do is their 'opinion', not information.

    Perhaps there is one use (but I doubt if is practicle) - in case opposition party (respondent) is given far away dates that suites them and court do not take any objection for absenting frequently from dates/hearing and do the opposite with complainant.

    Perhaps someone knows if some code of conduct/rule/act apply on professional lawyers to prevent them from compromising with the interest of their clients.


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  2. #10
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    Re: consumer court delay


    Here are my 2 cents.....
    I have used the below approach and my RTI is at the commision with a notice served on Registrar General- High Court

    Where/How RTI can be applied in civil courts.

    a) Write to PIO who is either Dy. Registar or Sheristrar of your jurisdiction; information can include a) How many cases are pending b) where does your case lie c) How many judges are going to fill the pending slots etc... basically gathering information to explore when you case would probably get closed.

    b) Write to the Revenue department asking if there were any further registration done on the said property after stay was granted ask for a NOC copy to find if the builder is working on accuqiring more loans on the same propoerty...

    Now on to some practical legal dimension
    a) File for a copy application asking for the docket sheet of your case, this would give an idea as to what notes the judge has taken into consideration.
    b) File for CA on the documents filed by the builder;
    c) Check if you counsel is working JUST for you or for the builder TOO...
    d) If you find that there are two many cases ahead of you (in your civil court) file a petition in the HIGH COURT seeking direction to expediate the matter..

    Cheers,

  3. #11
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    Ganpat
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    Re: consumer court delay


    I have posted additional suggestions/opinion received from an advocate member of this forum at www.bighelpers.org. Kindly refer to the same
    Defeat is not final when you fall down. It is final when you refuse to get up.

  4. #12
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    Re: consumer court delay



    nice to see so many points on discussion starting from one simle query. first of all I am an advocate from Chennai, my name is suresh babu. Advocates too are governed by a set of rules and code of conduct. these rules and code of conduct is regulated by the proffessional and democratic body called as the Bar Council which is a creation of law and consist of people duly elected from the Bar. how ever it is the decession of the individual advocate on filling a reply to any petition. an affidavit is required in a court proceedings only to state some facts. if sufficient facts are before the court by some other means then a seperate affidavit is not necceesary. however you can insist with your lawyer to file an reply to the petition filed by the builder to vacate the order of stay. your advocate might felt it could be reasonable to negotiate with the builder's counsel for any fair settlement and in that way he might have initiated some kind of talks with the builders advocate. this does not by itself mean that your lawyer is going against your interest. you may very well accept or decline any settlements that has arrived without your consent or knowledge. you have to asses the sinceiarity of your lawyer from his overall preformance and not by individual events or incidents. where ever it is the law cannot be applied by book always. in that way some extra time given to other side does not mean curroption. you still have doubt on your lawyer you can change your lawyer. and if your fully confident that your lawyer has gone aginst your interest willfully then you can approach the bar council of your state for appropriate relief.

  5. #13
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    Re: consumer court delay


    NK Saini, OP Sharma,
    Thank you for the advise, I will continue ask you more questions. Thank you.

    D Manoj,
    I will do and ask for information as suggested by you. Thank you

    Ganpat,
    I will check and reply to you. Thank you

    Aristotle,
    Sorry, if I hurt your feeling. I did not suspect my lawyer as working for the opposition party, as he is well known lawyer in Chennai. But not taking up the matter in time (already 2 years without any hearing) and saying "if you file contempt of court, the case will further be delyed by another two years" are, I think, is not proper answer as it will really help the opposition party in reality.

    If my case is taken up by a nationally reputed lawyer, do you think s/he will ask to wait for years. I not, why should I wait? If I wait, the case will get postponed for ever.

    Bharathi

  6. #14
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    Re: consumer court delay


    Dear mr. Bharathi
    there is nothing to feel sorry. it is the same anxiety with every client who is waiting too long to see the fate of his case. however a nationaly reputed lawyer will be giving some other kind of answer but the position is the same. a contempt wil lie only when there is an aparent violation of the court Order. in your case thereis only an Order preventing the builder from selling the flat to third parties. he has accordingly not sold the flat but using it for his pupose. hence there is no violation of order and ther fore ther is no scope for contempt.

  7. #15
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    Re: consumer court delay


    Dear Aristotle,
    Thank you. I am going to do what was suggested by Manoj.

    Bharathi



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