TODAY’S SAD EXPERIENCE IN CONSUMER FORUM, GURGAON
M K Gupta
Today, my case was fixed for hearing at Consumer Forum, Gurgaon against M/s. Vatika Ltd. Gurgaon for deficiency in service and unfair trade practice. I reached at the Court at 11.20 a.m. and my Advocate came at about 1.15 p.m. after attending some more hearings. No call to us was made and when I and my advocate asked about the hearing, I was taken aback to hear that the builder’s advocate came and since my advocate was not there, Court-clerk has given him (builder’s advocate) date for 15th December, 2014 i.e. after five month. Though, before giving the date, court clerk should have called us also. I understand that no such long date has been given to other litigants.
Now, I am going to move an application listing this objectionable practice and making a request to advance the date of hearing.
When the opposite party fears losing the case, it is an usual practice to adopt such unfair practice. This give me hope that I am going to win this case.
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After discussing my advocate, sending the following prayer.
SPEED/ REGISTERED POST
1. The Chief Justice,
Punjab & Haryana High Court,
Chandigarh.
2. The President,
National Consumer Redressal Forum,
F Block, GPO Complex,
INA, New Delhi-110023.
3. Secretary,
Ministry of Consumer Affairs, Food and Public Distribution,
Deptt. of Consumer Affairs,
Krishi Bhavan, New Delhi-110114.
4. Chief Secretary to the Chief Minister,
Haryana Govt.
Chandigarh.
Date: 26.7.2014.
Sub: Request for speedy disposal of Consumer Complaint titled Mahendra Kumar Gupta & others V/s. M/s. Vatika Landbase (P) Ltd, Gurgaon fixed for 15.12.2014 before the Distt. Consumer Disputes Redressal Forum, Gurgaon.
Respected Sir,
Most respectfully, I submit as under:
1. That I have filed a consumer complaint titled Mahendra Kumar Gupta & others v/s. Vatika Landbase (P) Ltd. before the Supdt. of District Consumer Dispute Redressal Forum, (DCDR) Gurgaon on 23.7.12.
2. That from the very beginning the attitude of District Consumer Redressal Forum was antagonist and unreceptive towards me and the Forum had put many obstacles/ hindrances/ objections regarding its maintainability at the time of filing the complaint. Any-how, after many dates of due deliberation between the Supdt. & Presiding Officer of the Forum on the one side and my advocate on the other, the Forum had to consider the complaint for notice to respondent for 09.10.2012.
n 2 –
3. That thereafter, the Forum had been given next dates of two to five months on each hearing. That on 24.02.2014, the matter was fixed for final arguments but I was given long date for 14.7.14. Thereafter on 14.7.14, the Forum which usually start at 11.00 a.m. and after waiting from 11.00 a.m. to 1.30 pm, when the undersigned and his Counsel asked about the hearing of the case, to our dismay and surprise, we were told that the Forum has given us the date on 15.12.2014 i.e. after five months. Strangely, no call were made for us but the reader told that the advocate of Opposite Party came and the he has given the date though we have not seen advocate of the opposite party. Before giving date to the opposite party, an announcement/call should have been made for both the parties. We were also told by the reader that the Forum is presently hearing the cases filed in 2008 and my case has been filed in 2012, hence arguments can be heard at next date or in future. I state that I and my counsel have never missed any hearing so far.
4. Further, it was strange and shocking to hear from the side of the DCDR Forum that the Forum was hearing about 1500 cases for disposal and as a rule, there should only be 500 cases. Hence, in view of the above, the undersigned wants to submit that I have prima facie a good case against the respondent M/s. Vatika Landbase (P) Ltd. but the case is suffering due to slow disposal of cases.
5. That the undersigned most humbly prays that the members of the Forum should also be given certain cases for disposal so that the President of the Forum does not have sole burden of disposal of cases. L As it is seen that the members of the Forum sit as a mute spectator. The members of Forum should also be involved in speedy disposal of cases and the excuse that the Forum is having 1500 cases is totally unsustainable and illogical. Therefore, the undersigned requests for considering these suggestions and for speedy disposal of his complaint.
6. That the above anti-consumer attitude of the Forum is raising doubts in my mind about its efficacy and I have very little hope of getting justice from the DCDR forum.
7. That I pray to pre-pone the date of hearing of my case in view of the above stated facts and issue directions that before giving the date, a call for us should be made.
Prayed by:
(Mahendra Kumar Gupta)
Address:
Email: mkgup...@gmail.com
Phone: 9810478972.
Copy to:
1. President, Distt. Consumer Dispute Redressal Forum, Vikas Sadan, Near – District Court, Gurgaon (Haryana) PIN Code– 122002.
2. Shri Suraj Sherawat, Advocate, Cabin No. 255, Gate No. 8, Gurgaon Court, Gurgaon – sent through email.