Sunday, 13 December 2015

How & When to File a case in Consumer Court of India

 How AND WHEN To FILE A CASE IN CONSUMER COURT OF INDIA?






Note: - The given article has prepared in a generic aspect and it may vary from case to case & from time to time. To get an exact detail I would recommend to take proper guidance.

Some facts:

The court procedures are time consuming and conservative. Try to negotiate the matter outside court and if that doesn't work out then proceed with the court. Carefully look at the value of the product/service and tally with the time\money you need to spend for the court formalities. You should not take any spontaneous action in this regard, rather take few days, make your mind clam and then take a decision accordingly. Still if you think that your consumer rights are infringed by a company or business, you must take them to task by filing your case in the right forum.
Why Consumer Court: 

As consumers many of us would have to been unhappy about the services we hire or products we buy at one stage or the other. Our complaints against the deficiency of the products and services may not have been satisfactorily handled by the company leaving us frustrated. In such cases you can escalate your problems to consumer court and make the company pay for ignoring your complaints.
Where to file:

Before filing your case, you should know where to file your case. This depends on the value of goods and compensation that is under question. You will have to approach district consumer court if the value of the goods and compensation is under Rs.200000. If the value should exceed Rs. 200000 but less than Rs. 10,000,000 then you should approach the respective State Consumer Redressal Forum. For products and services that exceed Rs. 10,000,000, your case should be filed in the National Dispute Commission.

How to file: 

You can choose to file a petition in person or through registered post or through an authorized agent. You should file your case within 2 years from the date of deficiency. Before filing your case, you should have all the information ready. All the facts and supporting document should be presented to the respective court. Without the necessary documents and evidence, you will not be able to proceed with your case. Make sure that you keep a copy of all the documents that you submit to the respective forum.
You must also send a notice to the company or business against which you are filing the case.
There is a nominal fee for filing the case depending on the value of the goods and claim. You must find the latest fee structure as it will be revised periodically. You must get a demand draft or Indian postal order for the respective value.
It is important that you file your case under the right jurisdiction area. The area of jurisdiction is determined by the fact where the cause of the deficiency originated. This also depends on the location of the business or company against which you are filing the case.

You can get the application form for filing your case in the appropriate forum. Many people hesitate to file their consumer right cases fearing that they will have to spend a lot of time and money. If you think that your consumer rights are infringed by a company or business, you must take them to task by filing your case in the right forum. However, you must first approach the service provider before you file your case. Only when they do not satisfactorily address your problems within a reasonable time, you should go to the consumer forums. You should not directly approach the consumer court without bringing the issues to the notice of your service provider.

Thursday, 10 December 2015

FOCUS ON SOLUTIONS NOT ON PROBLEMS - A CASE STUDY

10-12-2015

    FOCUS ON SOLUTIONS NOT ON PROBLEMS-A CASE STUDY








A CASE STUDY

One of the most memorable case studies on Japanese management was the case of the empty soap box, which happened in one of Japan's biggest cosmetics companies. The company received a complaint that a consumer had bought a soap box that was empty. Immediately the authorities isolated the problem to the assembly line, which transported all the packaged boxes of soap to the delivery department. For some reason, one soap box went through the assembly line empty. Management asked its engineers to solve the problem. Here are the two solutions from two different approaches:

Solution-A The engineers worked hard to devise an X-ray machine with high-resolution monitors manned by two people to watch all the soap boxes that passed through the line to make sure they were not empty. No doubt, they worked hard and they worked fast but they spent whoopee amount to do so

Solution-B But when a rank-and-file employee in a small company was posed with the same problem, he did not get into complications of X-rays, etc but instead came out with another solution. He bought a strong industrial electric fan and pointed it at the assembly line. He switched the fan on, and as each soap box passed the fan, it simply blew the empty boxes out of the line.

 
.
.
 Moral of the Story
"Keep the solution short & simple" i.e. always look for simple solutions. Devise the simplest possible solution that solves the problem. So, focus on solutions not on problems.

Monday, 30 November 2015

Need to understand difference between Equality and Justice

Date:- 30.11.2015

 Need to understand Difference between Equality and Justice   

        Here in this 21St Century, our Constitution says Equality before Law, (Article 14), It means if  I took a literal meaning of this there is Equal Protection of law to all and all are equal before law. So their is Justice to all equally. But considering the facts and circumstances coming before us through media, newspapers, social sites it is lacking somewhere. What do you think...????
Neither their is Equality Nor their is Justice. There is a need of strong tools, mechanism in our Society. So everyone will get and equal opportunity and justice is done to all and proper care will be taken. Due to Corruptions, Bad Politics and Greediness amongst peoples Poor peoples and below poverty line peoples are ignored. farmers are committing suicides. No one is there to give them justice. 
         So what I can say, is there is a need to understand the difference between Equality and Justice.

Difference Between Equality and Justice



Sr.
No.
Equality

Justice
1.
Equality assumes everyone is the same, has the same abilities and talents and the same history.
:
Justice doesn't. Justice is about making appropriations towards fairness even in light of past inequality.
2.
Giving man two legs and four sheep there is and inequality but no injustice
3.
The actions of God in this universe take place based not on equality but on the principles of Justice.
4.
Another Example could be that a person is judging all the animals; there are cats, fishes, sparrows, bears and many more. Now he decides to test them in a situation and obtain the best and he asks them all to climb a tree cats and other will do easily but fishes and dogs won’t be able to climb tree. So there is equality but no Justice.
         
 I am awaiting for your comments on My Blog.........

Jeetendra Jagtap

Thursday, 26 November 2015

VARIOUS PHRASES USED IN LAW (PART VI) FROM ALPHABET "N" TO "W"

Date: 26.11.2015

Post:- Sixteenth Post



Various Legal Phrases Used In Law (Part VI):-  From Alphabet “N” to “W”







Sr. No.
Phrases

Meaning
Alphabet-“N”
1.
Negligence
:
Lack of Proper attention
2.
Nominate
:
A person who is nominated/selected by another.
3.
Notary Public
:
A person who is authorized to certify the genuineness of documents (Sec. 2 Notaries Act.)
4.
Notice
:
A formal notification
5.
Nullify
:
To cancel the effect of some act or thing.
6.
Non est
:
What is not in existence/ non existing thing.
7.
Nexus
:
Close connection link
Alphabet-“O”
1.
Obligation
:
A person who is bound to act according to law.
2.
Occupation
:
Holding possession of a property.
3.
Offence
:
Wrongful act or illegal act.
4.
Offender
:
A person who commits a wrong or an offence.
5.
Oral
:
Verbal or spoken, not written evidence.
6.
Ordinance
:
Law includes ordinance, law made by the President or Governor.
7.
Owner
:
A person who owns something as his property.
8.
Onus Probandi
:
Onus of Proof/ The burden of Proof.
9.
Obiter Dictum
:
An opinion of law is not necessary to the decision. An expression of opinion formed by Judge on a question immaterial to the ratio Decidendi, and unnecessary for the decision of the particular case. It is no way binding on any court. But may receive attention as being an opinion of the high authority.
Alphabet-“P”
1.
Pardon
:
Forgiveness
2.
Partition
:
Divide into parts; divide by means of partition.
3.
Petition
:
A written statement addressed to a court of law or a public officer stating the facts on which the petitioner seeks a remedy to relief; a formal written application made to an authority.
4.
Personal
:
A persons own.
5.
Plaint
:
The cause for which a plaintiff makes a complaint against defendant.
6.
Plaintiff
:
A person who initiates legal proceedings against another.
7.
Pleader
:
Lawyer, One who is conversant with the legal matters.
8.
Possession
:
One who becomes the possessor of something
9.
Post mortem
:
An examination of the death body to find out the actual cause of death.
10.
Power of Attorney
:
A written document by which a person authorizes another to do or act on his behalf.
11.
Pre-emptory
:
It is a kind of special right. It signifies the right of purchasing property before or in preference to other persons.
12.
Prejudice
:
Harm to someone’s right.
13.
Prescribe
:
To lay down as a rule to be observed.
14.
Presumption
:
Presuming a thing to be true.
15.
Privilege
:
A special right granted to special group of persons.
16.
Procedure
:
A way of conducting a case.
17.
Proceedings
:
A lawsuit.
18.
Proclamation
:
To declare officially.
19.
Profession
:
An Occupation.
20.
Prohibition
:
To forbid.
21.
Property
:
A real estate and movable object.
22.
Prosecute
:
To take legal action against person.
23.
Prosecutor
:
One who conducts prosecution on behalf of the state.
24.
Protest
:
An action showing ones disapproval of something.
25.
Provisions
:
A statement or a clause in a contract stipulating something.
26.
Public Servant
:
A Government Official.
27.
Punish
:
To cause an offender to suffer for his offence.
28.
Purport
:
To be intended to be seem.
29.
Per incuriam
:
Through carelessness, through inadvertence, A decision of the court is not binding precedent if given peer incuriam that is, without the courts attention having been drawn to the relevant authorities or statutes. 
30.
Pro tanto
:
To that extent, for so much, for as much as may be.
31.
Pendente Lite
:
During Litigation.
32.
Per say
:
By itself
Alphabet-“Q”
1.
Quorum
:
The minimum number of members required to be present at a meeting before it commences.
2.
Quasi
:
Almost similar to
3.
Quasi Criminal
:
Almost equal to Criminal
4.
Quad pro quo
:
The giving of one thing values for another thing of value, one for the other; thing given as compensaton.
5.
Quash
:
The process of cancelling the proceeding of assessing authorities by judicial authorities.
Alphabet-“R”
1.
Receipt
:
A written acknowledgement to the effect that something has been received.
2.
Receiver
:
A person who has been appointed by court on an interlocutory application. He will continue to have full control over the property till the rights of the parties have been ascertained.
3.
Recital
:
A long account of series of Events.
4.
Record
:
To set down in writing.
5.
Redemption
:
Being Redeemed.
6.
Redundant
:
Absolute or gone out of use or superfluous or no longer needed.
7.
Reform
:
To make better by removal of faults.
8.
Registration
:
Being registered; entered into a record book.
9.
Regulation
:
A rule framed by the competent authority.
10.
Relevant
:
Related to the matter in hand; suitable.
11.
Religion
:
Belief in existence of superhuman controlling power.
12.
Religious
:
Of Religion
13.
Removal
:
Transfer to different place.
14.
Repeal
:
To cancel, to annual.
15.
Repugnant
:
Objectionable, Contrary to.
16.
Reputation
:
Goodwill, good name of person.
17.
Reservation
:
To set aside for particular group of persons.
18.
Residuary
:
The remainder.
19.
Respondent
:
The defendant in lawsuit.
20.
Retrospective
:
Applying to the past as well as in the future or backdated.
21.
Review
:
To reconsider the earlier decision by the same court.
22.
Rule of law
:
Governance of a country according to law framed by the competent law-givers.
23.
Rules
:
A set of conditions must be observed by the persons for whom they are made.
24.
Redundant Provision
:
Out of force or outdated Provision.
25.
Res-judicata
:
The issue of law which has been already decided shall not be pleaded for review before same court.
26.
Ratio Decidendi
:
 Reason for deciding / Grounds for Decision.
27.
Res Integra
:
An untouched matter; a point without precedent; a case of novel impression.
28.
Rule Nisi
:
It is an order to show cause means that the ruling is absolute unless the party to whom it applies can show cause why it should not apply. In Divorce cases a Rule/Decree Nisi issued by the court to tell the parties that they have to wait for certain period of time before making their divorce final. This is allow time for anyone who objects to the divorce to tell the court why they object. The rule nisi can often be set aside with the mutual consent of the spouses. When the period expires, they can apply for decree absolute, which means the divorce is completed and they are no longer married. It is also called Decree Nisi.
Alphabet-“S”
1.
Secular
:
Not belonging to any particular Religion
2.
Sentence
:
Punishment awarded by a court to guilty person.
3.
Signature
:
A person’s name of initials written by himself.
4.
Solitary Confinement
:
Putting a prisoner in a cell where he lives alone.
5.
Sovereign
:
Independent authority not subordinate to any.
6.
Specified
:
Expressing in exact terms.
7.
Spouse
:
A persons husband or wife.
8.
Submission
:
Something Presented.
9.
Succession
:
A right of Inheritance
10.
Suit
:
Any legal proceeding of a civil kind.
11.
Summary Disposal
:
A brief procedure is followed to dispose of case.
12.
Surety
:
A person who makes himself responsible for another person’s payment of debt.
13.
Survivor
:
One who survives another.
14.
Sub judice
:
Before a judge or court; pending decision of a competent court.
15.
Status quo
:
Existing Condition
16.
Stare decisis
:
To stand by things decided. The legal principle of determining points in litigation according to precedent.
17.
Sine die
:
Without Delay
18.
Suspended Animus
:
An order under appeal is not subject to any action by authority till the order disposing of the appeal is available.
19.
Suo Moto
:
On its own motion
20.
So far as may be
:
To the extent possible
21.
Save as otherwise provided
:
Except to the extent as otherwise provided.
Alphabet-“T”
1.
Tenant
:
A Person who lends a land or house from landlord.
2.
Testamentary
:
Given in a person’s will.
3.
Testify
:
To give Evidence
4.
Testimony
:
The oral evidence of a witness in a court of law.
5.
Trespass
:
To enter a persons property unlawfully.
6.
Trial
:
An examination by a judge in a law court to find out truth.
7.
Tribal
:
A racial group in a primitive living as a community.
8.
Tribunal
:
A body of officials appointed to make a judgement.
9.
 To impugn
:
To challenge
Alphabet-“U”

1.
Uniform
:
Common, always the same.
2.
Union List
:
The areas where the centre is only competent to make laws.
3.
Unlawful
:
Not in conformity with the law.
4.
Usage
:
A habitual or a customary practice.
5.
Uterine Blood
:
Offspring of the same mother but by a different father.
6.
Ultra Virus
:
Beyond one’s power.
Alphabet-“V”

1.
Vakil
:
A person who is qualified in law, he is eligible to act on behalf of client.
2.
Validate
:
To confirm or to make valid.
3.
Veracity
:
Truthfulness, Truth.
4.
Verdict
:
The decision or a Judgement of the Court.
5.
Violation
:
Transgression or Infringement
6,
Void
:
Not legally valid.
7.
Vitiate Proceedings
:
To make proceedings null and void.
Alphabet-“W”

1.
Warranty
:
A Guarantee, especially one given to the buyer of an article and involving a promise to repair the defects that become apparent in it within a specified period.
2.
Welfare
:
Well-being of the people by means of Social Service.
3.
Will
:
Written Directions made by a person for the disposal of his property after his death.
4.
Witness
:
A person who gives evidence in court of law.
5.
Writ
:
A formal writing command issued by a court of law (the supreme court or high courts) directing a person to act or refrain from acting in certain way.
6.
Written Statement
:
The answer to the plaint by Defendant. The defendant shall at or before the first hearing or within such time as the court may permit, present the written statement of his defense. (Order 8 Rule 1, Code of Civil Procedure.) 
7.
Wrong
:
A Violation or Infringement of a right.




OTHER IMPORTNT SENTENCES
1.
If one section is overriding the other section
:
Use Words "Notwithstanding anything contained in ……"
2.
If one section is superseded by the other section
:
Use words "Save as otherwise provided ………."
3.
Other provisions apply in General way
:
Use words "Without prejudice to the provisions …………….."