Skip to main content

Senior lawyer can't be excused for late appeal in own case

Plea, which came after 200 days, was rejected by state consumer commission.

Not realising the importance of filing appeals in time is going to cost a senior lawyer loss of face as despite being one of the most reputed practising lawyers in legal circles, his appeal was rejected for a mere technical reason - not adhering to deadlines set by the consumer forum.

Stating that a practising lawyer could not be allowed condonation of delay
(forgiveness for unintentional delay) in filing his appeal that took 200 days, Maharashtra State Consumer Disputes Redressal Commission has rejected the appeal of senior high court lawyer Ashok Saraogi.

In 2007, Mumbai-based lawyer Saraogi hired a lawyer and filed consumer
case before Mumbai Suburban District Consumer Disputes Redressal Forum complaining against ICICI Bank, Kapadia Brothers and Ghel Automobiles Pvt Ltd for allegedly illegally using his credit card to buying petroleum products.

“I was in Jaipur with my wife for some rituals when my credit card was used to make illegal transactions. Not only did I file a criminal case but also move the consumer forum,” said Saraogi.

The forum in November 2011 rejected Saraogi’s plaint stating there was no deficiency in service from the bank as tallying signatures was the merchant’s responsibility. Since Saraogi could not prove that he was a direct consumer of the other two parties, the forum said it had no jurisdiction to decide the case.

The appeal for a second hearing before the state consumer redressal forum
was filed after 200 days and so the state body rejected the appeal.

The commission observed that despite being an advocate, Saraogi employed services of another advocate to prepare the appeal.

“The appeal was stated to be ready on January 17, 2012, but was filed on
June 26, 2012. No reasons are disclosed for condonation of delay except the personal difficulty of the advocate Jagtap who filed the appeal. It was orally learned that Saraogi’s advocate got married sometime in January 2012 but that cannot be a ground for filing an appeal so late.”

Stating that marriage of the advocate employed by complainant, who is
himself an advocate, isn’t a reason good enough for the delay, the appeal
was rejected.

"They have rejected the plaint on technical grounds. I will appeal in the
National Consumer Greviance Redressal Forum," said Saraogi.

Article referred: http://www.dnaindia.com/pune/report-senior-lawyer-can-t-be-excused-for-late-appeal-in-own-case-1939815

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Flat owner without legal title has consumer rights

In a significant judgment, the South Mumbai Consumer Forum has held that a flat owner legally occupying the flat would be a consumer, even if his title to the flat might be in dispute before a competent court. Thurlow owned a flat in a co-operative society. Appuswami was residing with him. In 1976, Appuswami got married in the same flat, and his wife started residing in the same flat. They had three children, born and brought up in the same flat. After Thurlow expired in 2004, Appuswami approached the High Court for inheritance to Thurlow's estate but expired while the matter was pending. His wife and children were brought on record. Subsequently, the society intervened, contending Appuswami did not have any right to the flat and it should be handed over to the Society. The Appuswami family continued to reside in the flat, and even pay the society's outgoings and maintenance charges. Later, the society stopped collecting maintenance charges from all members, as it earned...
Post a Comment
Read more

Abusing in-laws a ground for divorce: SC

Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...
4 comments
Read more