I filed a consumer complaint against a builder through a lawyer. An affidavit was filed and court has given interim stay order against the builder selling the flat to anyone.
After that my case is getting postponed everytime for MORE THAN 2 YEARS. In the mean time the builder is using the flat as his office and store room. My lawyer says if we file contempt of court then the case will get delayed for another 2 years. He also says he cannot ask president of the court to speedup the matter.
Whether I can get information (directly) under RTI why my case is delayed and whether the court has given order to any case filed after mine on similar problems.
have you checked cause lists of your state consumer court , and if you know for certain that cases after your case filing date have been resolved/decided ,by all means go ahead with RTI. Go through Guide section.
for sample RTIapplication format,please download from our sister site: http://www.rtiindia.info
RTI Guide (top blue fifth before directory) basically guides you on what/how/when of application/appeal etc.
Application is to be sent by registered AD.
But before you resort to RTI application, I had suggested to you to check cause list ,it is possible waiting list is long and your case is genuinely not yet listed.
PIO name and address is given in the respective websites,name is normally not addressed because of transferrable positions.Details of fees are also given at site.
in which state your complaint is pending is also important. the reasons for delay are different in different stes and courts. in tamilnadu the district forums do not have sufficient members or presiding officers. the same presiding officer may have to look after two forums or there might not be any presiding officer to look after the casses. this is one of the prime reason.
next is that the consumer dispute redraassal procedures may be simple and not as complicated as the civil procedures. but still they have to follow certain procedures. without this justice cannot be done. so in what stage your case is pending is another matter for consideration. whether the builder or lawyer has appeard before the Court, if appeared whether have they filed their reply needs to be seen. If they have filed their reply then you have to file an other affidavit which is called as proof affidavit where you will mark all the documents in your favour to proove you case. then they will file their proof affidavit to prove their case. only then the case will come to a final hearing.
Thank you for the reply. It is true that there are insufficient presiding officers are in the seat. My case was filed in 2005 The builder used to send his lawyer once in three hearings as a delaying tactics. My lawyer without consulting me permitted him to approach the judge for out of court settlement. Then the builder asked me to pay one lakh more. I refused to do so. In the same year I got interim stay order from the court.
My lawyer did not reply to their affidavit as it was, he said, for just asking for vacation of stay order.
Now I am wondering whether my lawyer doing thing in correct way.
Your case relate to Consumer Courts, not RTI Act. (I wonder if RTI Act is applicable to Consumer Courts aslo!) However, I have some personal experience with Consumer Court, so I think I can share a few words with you. (I hope our friends will excuse this discussion is not strictly related to RTI Act.)
In his post 'aristotlerocks' has very well summarised how a case is decided in Consumer Court and also the possible reasons for delay in deciding the cases. In Consumer Court, efforts for settlement/compromise between parties is also a part of the process. Parties are asked by the Court to meet and discuss a solution among themselves, however none of the party is bound to accept any compromise.
It is true that in Consumer Court procedures and formalities are simpler and fewer than regular courts, but still they do not deliver justice as quick (and as fair) as the TV advt want us to believe. Ideally, a case should be decided after 6-8 dates (when both parties cooperate), but, unfortunately, there is no time limit. Even after all formalities are over, the Court may not pronounce its decision the several months (they say they have long list of cases pending for decision).
I feel Consumer Courts are not completely free from corruption. You also seem to suspect that your lawyer is not fighting your case aggressively/professionally. I wonder if lawyers are also covered by some rules/Acts to prevent them from working against the interest of their clients? Obviously, a guilty party (who stand to lose huge sum of money) would be willing to pay your lawyer more than the fee you paid him/her to just keep quite or go slow.
If your stack in the case is worth it, I feel there is no harm in seeking a second opinion from a more reputed and efficient lawyer.
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 :NCDRC
In consumer court site,go ot RTI section and see AA,PIO and APIO etc.
Bharathi,please do post any number of times if you still find problem.