Press Release of Ministry of Law & Justice dated 24.5.2012
Disclosure of Complaints Against Judges
Recently, while deciding an RTI Appeal by the Information Commissioner, Department of Justice was directed to provide the applicant copies of forwarding letters by which complaints received by it (Department) were sent to the Supreme Court and High Courts. Giving this information in written reply to a question in the Rajya Sabha recently, Shri Salman Khurshid, Minister of Law & Justice, said that accordingly, copies of forwarding letters of the last one year were provided to the RTI applicant in compliance. They have 98 representations/ complaints cases. The Minister said that as per the ‘in-house mechanism’ of the higher judiciary, the Chief Justice of India (CJI) is competent to receive complaints against the conduct of the Judges of the Supreme Court and the Chief Justices of the High Courts. Similarly, the Chief Justices of the High Courts (CJHs) are competent to receive complaints against the conduct of the Judges of their courts. But, the Government also does receive a variety of complaints against serving judges of the Supreme Court and High Courts from various quarters. These complaints which are often addressed to the CJI/ CJHs, are forwarded as such to the Supreme Court or the concerned High Court for appropriate action, Shri Khurshid informed the House.
Press Release of Ministry of Law & Justice dated 24.5.2012
Complaints Against Judges
As per the ‘in-house mechanism’ of the higher judiciary, the Chief Justice of India (CJI) is competent to receive complaints against the conduct of the Judges of the Supreme Court and the Chief Justices of the High Courts. Similarly, the Chief Justices of the High Courts (CJHs) are competent to receive complaints against the conduct of the Judges of their courts. Giving this information in written reply to a question in the Rajya Sabha recently, Minister of Law & Justice, Shri Salman Khurshid, said that the Government does receive a variety of complaints against serving judges of the Supreme Court and High Courts from various quarters. These complaints which are often addressed to the CJI/ CJHs, are forwarded as such to the Supreme Court or the concerned High Court for appropriate action. The Central Government does not maintain records of such complaints nor does it monitor the action taken on them, Shri Khurshid informed the House.
Press Release of Ministry of Law & Justice dated 23.5.2012
Vacancies of Judges in Courts
Against the sanctioned strength of 31 Judges of the Supreme Court, including the Chief Justice of India, 26 Judges have been in position as on 15.5.2012. There are 5 vacancies to the filled. In the High Courts, against the sanctioned strength of 895 Judges, 632 were in position, leaving 263 vacancies to be filled. Giving this information in written reply to a question in the Rajya Sabha recently, Minister of Law & Justice, Shri Salman Khurshid, said that as per the Supreme Court’s Court News Report, against 18,008 sanctioned strength of the District & Subordinate Courts of the State Government/ Union Territory, 14,374 wre in position as on 30.6.2011, leaving 3,634 vacancies to be filled.
The Minister said that pursuant to the Supreme Court Judgment of October 6, 1993 read with their Advisory Opinion of October 28, 1998, the process of initiation of proposal for appointment of a Judge of a High Court rests with the Chief Justice of the concerned High Court and for appointment of a Judge in the Supreme Court rests with the Chief Justice of India. In this arrangement, posts have remained vacant for want of adequate proposals to fill them. The Government has been periodically reminding the Chief Justices of the High Courts to initiate proposals in time for filling the existing vacancies as well as the vacancies anticipated in next six months in the High Courts.
Shri Khurshid informed the House that the administrative control over the members of the district/ subordinate judiciary in the States vests with the concerned High Court and State Government under Article 235 of the Constitution of India.
Regarding quicker disposal of corruption cases, the Minister of Law & Justice said that 56 courts are already functioning in the country for disposal of corruption cases. The Central Government has further decided to set up 71 additional special CBI courts. Of these, 62 CBI courts have started functioning already.
Dear Janab Imran Hussain ji:
With a firm belief that you will pay urgent attention to the deplorable state of affairs in the Delhi State Consumer Disputes Redressal Commission, I am writing this letter to you with an ardent hope that you will take prompt and effective steps for its smooth functioning.
(i). The crux of the problem is that the Commission is crippled and incapacitated for want of full complement of sanctioned strength as vacancies of Judicial Members lying unfilled since long resulting in piling-up of cases tarnishing the image of the Commission. It is very sad and disgusting as to why the appointment of Members is held up by the State Govt.
(ii). As per the laid-down procedure, each Court in the State Commission is required to be presided by two Members, one of them should invariably be a Judicial Member conversant with legal procedures. At present, only one Member is presiding the Court No.2 & while Court No.3 is presided by a Non-Judicial Member as a result of which the Complainants as well as the Opposite Parties are deprived of collective wisdom of two Presiding Members and the former are confined with the unilateral and autocratic verdict of a single Member which may go wrong many times.
2.The State Commission itself is working from the 1st floor of an old congested and dilapidated building with dangling electric wires all around with no elbow space to walk or sit and it is in the fitness of things that it should be immediately shifted to a new spacious building with all the standard infrastructure and user-friendly amenities. In the near future, it is advisable to construct a new imposing building with the state of art of new technology to house the State Commission to be a pride jewel of the Delhi State Govt.
(i) Currently, in the absence of parking facility, the Clientele are forced to park their vehicles on either side of the narrow road resulting in traffic snarls and exposing to the inherent danger of auto-thefts.
(ii) The Wash-Rooms are stinking emanating foul smell pervading the whole area. Responsibility to be fixed for the upkeep of the Toilets spick and span—clean and tidy.
(iii) Biometrical System to be introduced for the employees to maintain punctuality in attendance.
(iv) Messages by WhatsApp and email to be sent to the Complainants as well as Respondents about the posting dates especially to the Parties-in-Person without fail as is being practiced by the Hon. Supreme Court of India.
(v) A Help-Desk with a Client-Friendly Official familiar with the procedures to be set-up to allay the doubts of Parties-in-Person
3. A system of study tours for judicial members for short duration to be organized to the State Commissions of Telangana and Maharashtra to imbibe the salient features for the overall improvement in the working of the Delhi State Commission.
At the end, it is urged that you may kindly spare some of your precious time to make a surprise visit unannounced to the State Commission to take stock of the situation as “Seeing is Believing” !!!
With kind regards,
B J HAZARIKA
President, Gardenia “Grace” Residents’ Welfare Association
Gautam Budh Nagar District
Hon’ble Imran Hussain ji
Minister of Food and Supplies, Environment & Forests
A-Wing, 8th Level, Delhi Secretariat
I P Estate, NEW DELHI—110002
Not in the Original:
cc: With Compliments to Hon’ble Dr Justice Sangita Dhingra Sehgal, President, Delhi State Consumer Disputes Redressal Commission, Vikas Bhawan, I P Estate, New Delhi-110002 for kind information.
This is perfect example how bribery and corruption is main stream in Indian Law system.
Since 7 yrs my case for partition is pending .
Now suddenly my uncle has sold the property illegally with case pending.
As I am NRI I am not able to come over due to covid restrictions.
My lawyer withdraws himself from the case.
Suddenly Judge passed all orders against me sabotage my legal rights.
So I request law ministry to take serious action against the judgement and oder passed by Hon judge Smt Agarwal
5div district court Pune.
Case no 564/13.
In my opinion Lower court Judges are appointed Under direction from Chief Justice of the High Court of that state with approval of State Government of Law department.Therefore you can file complaint before the Chief Justice of the state copy to Law department and see if no response and no action.You can file a writ petition in the court for justice,I be leave.
i want to make a complaint against family court judge siting at patiala house delhi.
please guide me how it possible and what to do ?
On seeing Supreme court website e-filing provision filed two case for which provisional application numbers given and debited each Rs 500=00 from my Bank account during August and September 2017 for “Quick Justice” in the matters.I wrote Ministry of Law And Justice.how long we have to wait for hearing the cases”If no reply is received either Supreme court or Ministry what to do?Who is responsible in Supreme court or Ministry?
JUDGMENT DELIVERED BY SHRI PREM NARAIN, MEMBER [COURT No.6] IN R.P.No.2943 / 2015 PRONOUNCED ON 05-9-2017 WITHOUT GOING THROUGH THE REVISION PETITION FILED ON 17.11.2015 TO THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION (NCDRC), NEW DELHI IN A SLIPSHOD MANNER—HON. PM MAY LIKE TO SEE THE DEPLORABLE WORKING OF NCDRC.
On my behalf, my husband, S S Rao (78 years) appeared in the above case as a Party-in-Person. My husband is a Retd. Agricultural Scientist from NSC; A Govt. of India Undertaking and is capable of forcefully arguing the case. However, he was denied an opportunity to argue the case to vindicate the position. . He has not given my husband a chance to put-forth his arguments in the case as is the case with a Party-in-Person who is treated with utter disregard.
It is very sad that it was abruptly announced by Hon. Justice Prem Narain on 26th May, 2017 that it was reserved for judgment
2. Nevertheless, I had sent “Written Arguments” by Speed Post to the Registrar, NCDRC with an ardent hope that the same shall be helpful to the Hon. Justice before taking a final view in the matter with a dispassionate outlook.
3. Having kept it in cold storage for a long period of 102 days, the judgment was summarily dismissed on 05th September, 2017. .
4. (i) In the R.P. filed before NCDRC on 17.11.2015 cited above, I have clearly requested for refund of only the difference of Rs.81,850/-. This is because the Realtor delayed the Registration of the Flat despite reminder sent by me through email dt.29.9.2012. In the mean time, the Circle Rates were enhanced by the Noida Development Authority in between possession Date 28.6.2012 and Registration Date 28.12.2012. [Ref.Page No.8 of R.P.]
However, the Hon. Justice erroneously mentioned in his judgment that the hiked Circle Rate Amount of difference claimed by me as Rs.1,68,320/-. At the very same time, he remained silent and preferred not to mention about the relief, if any, to be given to the Petitioner in this regard or otherwise. It is not understood as to how he had mentioned about the inflated figure of Rs.1,68,330 when the actual amount claimed was only Rs.81,850/-.[Page 2 of the Order].
(ii) The Hon. Justice had dwelt at length to deny the refund of Rs.25,000/- given as bribe for Registration of Flat when this was not claimed at all by the Petitioner in the R.P. referred to above. I am at a loss to understand as to how the Hon. Justice dwelt on this vividly when I had not preferred this claim.
From the foregoing, it is concluded that the Hon. Justice delivered the judgment with pre-conceived notions and without caring to go through the R.P. Instead of Revision Petition filed to NCDRC, Hon. Justice had carelessly delivered judgment on the basis of complaint filed in New Delhi Dist. Consumer Forum.
REQUEST TO MAIL ME WHAT TYPE OF ACTION TAKEN BY YOU AGAINST THE JUDGES OF BOMBAY HIGH COURT IN DUE PAYMENT CASE OF SWASTIK RUBBER PRODUCTS LTD KHADKI PUNE 411003
AWAITING FOR YOUR REPLY BY MAIL
THANKING YOU WE ARE
J.K. CHANDEL +300 EMPLOYS
I J. K.. Chandel tired due to wrot lot of times but not a single seply from your side. I think our all systems are courpted from top to bottem. In india poor people never get justic.
lot of times I had been sent letters to you complaints against justice those who looking after case of employee due payments of swastik rubber products ltd khadki, pune but yet no any action taken by law ministry press release.
every time I am writing same things there is no mining at list if you can mail me that we have taken a ation on it & the details are inform to me, then I can belaive that some things are going on. But sir you have not given any reply on my mail id given to you. I think every power person in India I am gating well from any way balance poor person my dia for what power person to wroied about poor person. Our priminister going to make smart India but anless anduntil courpted authoritys are working then who he may be India will never make smart.
This is in refrence to your reply that dealy of 42 days on 16/9/15 for reason beyondcomprchenisom and—- Sir we are not satisfied with this anwar because the land of khadki unit about 18R sold to builder which is in prime location + all machinery was also sold from shipped unit at midc chinchwad. What so ever amount received from builder and from sale of machinery. sir simple calculation as per methe cost of land 1000sqft*40 guntha=400000 sqft*18R=720000sqft * minum rat is Rs6000/- per sqft the total cost gos up to Rs.4320000000/- + Machenery asscet as perco. balancee sheet. If you go with this calacutation our dues are not more than 25CR. How to not pay our dues then better to go in high court catch some justice pay them lumsum amount & dispossed the case its a simple way. So please go to deep in this case because nowadays 400 famielys are suffering some of was loved to god. Balance are wating for justice if there is dealy from your side one by one we all are goves to leve god. please help us.
Please reply me by mail thanking you we are
J. K. Chandel
PLEASE SEND ME THE DETAILS WHAT TYPE OF ACTION TAKEN BY YOU AGAINST THE JUDGES IN CASE OF DUE PAYMENT OF EMPLOYS OF SWASTIK RUBBER PRODUCTS LTD KHADKI PUNE 411003
AWAITING FOR YOUR REPLY BY MAIL
please tell me where I have to go
This is in reference to my letter dated 24/2/2017 and your remarks to cancel the reply. It since that your are not going to take any action on my letter.I there fore request you that look in to this matter and open the such case and give us the justice.
I jagatsing K. Chandel retair employes of Swastik Rubber Products ltd. khadki Pune 411003. I am sorry to say that every times I am writing for justice to us. The case was dissposed by justice Mr. B. D. Bhosale in the year 2003 on due admission basis. All reletated documents I have forwarded to you. Sir we want result/action taken by you. Every times I am writing my comments & you connect it to portal of Swastik Rubber products ltd. please tell us when you are going to take action. Other wise their is no use of my comments. I just a funney hopeless system.
If the Bombay High Court is favourable to you and if the judgment has not been implemented by the Respondents (Opposite Parties), you can file a contempt petition against them. High Court will take a serious view on the failure to implement its verdict and take stern action against them and even send them to jail.
One of my friend recently got a judgment on his 498(A) case, who is NRI. His wife filed a false case against him and his family members in 2012. They got married in 2005 Nov and the she spend 1.6 yrs with his husband and gave a birth to girl in USA, during this time she torched him to not speak with his parents and follow her rules, but he thought it’s normal in most families and they have kid, he keep on convince her by giving some explanation and after that she will be fine for sometime, after that 6 months she came to India in 2007 Aug with an agreement of completing her MCA backlogs and stayed with her parents only and never stayed with her In-Laws not even one full day.In 2008 July My friend came to India to take her, she rejected to go back with him and said she need to complete her exams.After he went back to USA, they were in phone contact, she keep on post-phoning her trip by showing her backlogs.Suddenly in 2012 she filed a dowry case in police station, and then later it went to court.As soon as she filed case here, my friend took divorce in USA. While this case is going in court, she went to USA and filed a petition against my friend for maintenance, and USA court didn’t gave any maintenance to her, but they gave child support as per laws there in USA. During the arguments they filed to prove the case as it is fake one,but they bribe judge and judge gave a wrong judgement on my friend by showing some stupid reasons and his imaginations and ask him to appeal in next court (After the judgement out lawyer went to BAR association and he spoke to lawyers over that, everyone was pretty confident about that judge took money from opposition). Why we are confident about bribe is, upon judgement, police called them and notify that my friend got punished, immediately he drove Judge car and went out, after few mins he came back, and the PP and also went with him in same car. Once they are back, Judge went out and came back after hour to sign on some papers.
So we asked out lawyer about this, he said Judge decision is final decision we can’t do anything against him other than appeal to next court. So we are frustrated and my friend thinking’s are different, he keep on thinking about the fault judgment and planing to commit suicide because of the bad name they created and now the judgement. I don’t know what to do now, so thought of this sight will help somewhat.
i am also a victim of such acts of judiciary. I also fight case against judge and at last i win. U can contact me if require any help.
I am really very frusted how our case is being handled and we have been fighting this case from last 20 years. Finally we had the Judgement from the Supreme Court of India in 2015 in spite of that now we had a stay form High Court Of Hyderabad by Hon Justice Shri Nooty Rama Mohan Rao. We had couple hearings in the High Court in 2015 on a single bench of Hon Justice Shri Nooty Rama Mohan Roa and it was decided that the Judgement will come out in dec 21, 2014 and we are still waiting for his judgement. I do not know what is there for the Judgement since its all ready decided by Supreme court of India.
Srihari(dead) and Niveditha Reddy
Syed Makhdoom Shah
Whether there is any ‘Annual Confidence Report’ System exists for High Court Judges to record and review their performace in a calendar year in our country? Adverse entries to be made in their CRs for their poor performance and their annual increments should be stopped and their promotional prospects to the Apex Court should be prevented .I doubt very much whether the Law Ministry takes notice of these comments for action as we have a very ineffective and mediocre Union Sadanand Gowda at the helm of affairs.
My self + 400 employs was working in Swastik Rubber Products Co.td Khadki, Pune 411 003. In year 2000 the management of the Co. shifted as a formality basis at Chinchwad on rental basis & the land of Khaki unit about 18 R was sold to Builder. Part of our employs against of Co. shifting so they went to lebour court. labour court given design against the employs. Then we approached to Bombay High Court their also the Hon. justice disposed the case in year 2003 on due admission basis case stamp No. WPST/34258/2003 & Reg. WP/7291/2003 dated 24/11/2003.
And in 2004 Management winded up the company without paying our dues above case was disposed by Hon. justice Mr D. B. Bhosale. Sir till date we have not recd. our dues. Sir we want to know what is the period of due admission if it is over what action has been taken by court against the management of the company. We hope that you will take the action give us the justice.
Thanking You We are
J. K. Chandel (M. No. 9552502589)
Employs of Swastik Rubber Products Co. Ltd
I am thank full to you that you have at least consider about our case. Further I bring to your kind information I have approached to APALE SARKAR PORTAL. They have forwarded it to Labour Commissioner Bombay and informed me hence forth pl. contact to them and close the case. I have contact to concern dept. no one can answer. Again I mail to APALE SARKAR with to whom I contact with name and contact No. But till date I have not received any reply. I think that no body was going against justice of Bombay High Court. I thought that our new Govt. will take any action but I am wrong. I totally forget that win is same only glasses are changed. I am sorry to write such type of language. But what I can do because from year 2003 to till date we cant got justice. And the culprit persons of management are enjoyed. No any action taken against them all employs are suffering whole life they served of the company at last moment we got nothing. Now we all are in a age of years 60 to 65 and above. Please favor us and try to gate the our due amount. Thanking you
J. K. Chandel + 300 employs of this Company. Awaiting your favorable reply by mail. thanking you once again.
I have not received any reply from you as well as APLESARKAR, Also I have send mail to CM of Maharashtra from last one year I have approached to RTI, CLC, and other sources repleted to this case. But I think that every one is courapted in our system so that on one can read to take a action against wrong jadjument given by justice of Bombay High Court(Industrial)
No any favorable received to me on my complaint dated march 13,2016 & march 20,2016
Lot of times I had written the case of Swastik Rubber Products Ltd. Khadki, Pune. wrong judgement given by Hon. justice Mr. B. D. Bhosale of Bombay High Court. Copy of judgement also forwarded to CM of Maharashtra on APLE SARKAR PORTAL, Labour ministry of Bombay, PM of India but till date we have not received any reply. request you to guide us what we can do. Sir we all are in a age of 60 to 65 years. No any earning so we can not go in supreme court.
I am sorry to say that every time I am writing comment from my side & same thing you are only pestling it on account of the Company. we want what action taken by your side against Justice of Bombay High Court Or what action taken by justice of Bombay High curt against Management of the company. when we will get our dues. If you can do this please reply us by mail YES WE CAN TAKE ACTION ON IT. If you cannot take any action on it Reply us by mail WE CANT TAKE ANY ACTION ON IT. Awaiting your reply by mail. Employs of Swastik Rubber Products Ltd. Mail id email@example.com
Lot of times I have written my complement against Justice of Bombay High court Hon. Mr. D. B. Bhosale regarding wrong design given by him in case of due payment of employs of Swastik Rubber Products Ltd. All related documents also forwarded to you, the details of my letter written to you by me is as below.
1)13/3/16 2)20/3/16 3)19/4/16 4)23/4/16 5)28/5/16 6)18/6/16 7)20/6/16 but no any reply from your side. After written several letter to our law ministry but why they are not taken any action against justice can we ashamed that our Law ministry is also courpted like justice of Bombay High Court if your answer is in yes please let us know we are also one of them. If not please reply me by mail what action taken by you against my several letter written by me.
Thanking you, and awaiting your reply by mail
Mail Id. : firstname.lastname@example.org
I am sorry to say or I don’t have any word such type of corrupted law ministry press release. Things of times I had written about due payment of employees of sweating rubber products ltd khaki pine. But this fulish ministry every time says writes comment
Soon after assuming office as PM of India, Shri Narendra Modi has observed that one of the measures for the simplification of official procedures is to dispense with the present practice of attestation of certificates, documents and testimonials by an First Class Magistrate, MLA or a Gazetted Officer. With a view to simplify the current procedure and to mitigate the hardship of common man, he had suggested for self-attestation which he felt would serve the purpose for which it is intended for.
The system of certification by the Notary or Truth Commissioner of the Affidavit insisted by the courts also to be discontinued in the same way as it is more misused than observed in its true spirit. The licensed notaries and truth commissioners are more often exploit the common man by over-charging them for the services offered. They never care to go through the document and even do not make it compulsory for the deponent to sign in their presence. Most of the times, this certification is done by proxies and not the authorised persons. It is therefore necessary to stop this ritual forthwith. It is very sad that the complainants in Consumer Forums, State Consumer Commissions and NCDRC are also forced to get their Affidavits Notarized without any relaxation. The Affidavits usually contain false statements far from truth to mislead the judiciary and as such there is no sanctity for notarization.
In a recent complaint filed in New Delhi District Consumer Forum as well as in the Appeal in the Delhi State Consumer Commission by Mrs ABV Vijaya Lakshmi against M/s Gardenia Shelters Pvt Ltd, Noida, the Builder has filed the Affidavit full of lies and misled both the judicial bodies. The complainant was not given an opportunity to make an argument to expose the Developer’s lies. Relying upon the false affidavit judgments were delivered by both the Forum and the State Commission.
When a ‘Perjury Petition’ was sought to be filed in the Delhi State Consumer Commission against the Realtor for filing a false affidavit, it has refused to accept the same. N P Kaushik, Member (Judicial) said that he was fully aware that the Affidavit filed by the Builder was false but refused to accept the same as the Commission is already overburdened with the backlog. In a bid to vindicate her position, the complainant without losing her tenacity had ultimately filed it in Tis Hazari Court to establish the truth and to bring the culprit to justice.
Delhi State Consumer Disputes Commission is indulged in covering-up its inexcusable delay in dispatching the Judgment Orders by not mentioning the correct dispatch date to the concerned parties.
In case of FA 173/15 when the actual dispatch was made on 20-10-2015 by Speed Post, they have failed to mention the correct date and instead indicated the date as 22.9.2015. This deliberate and willful fraud/omission on the part of dispatch section with the connivance of the senior admn. staff has resulted in an incontrovertible problem to the litigants as the one month time given for filing an appeal with NCDRC has expired by the time the Order was received on 23.10.2015.
Court No.2 Judge N P Kaushik never attends the court in time. Without listening to the Party-in-Person, he dictates judgments based on wild imagination and assumptions and presumptions He is rude and misbehaves with Senior Citizens. When he dictated the judgment order in the open court on 04.8.2015 in the above case, he has taken 42 days to sign it and all the time the file was lying on his table.
The top para of the judgment order pertains to an altogether different case than the judgment of the case under reference. It is therefore seen that he blindly signs the orders in a slip-shod manner. He deserves to be sacked and such people are a stigma and blot to the judiciary.
A classical example as to the working of Delhi State Consumer Disputes Redressal Commission is detailed below:-
At the top of the F.A.173/2015 Judgment Order of the Delhi State Consumer Disputes Redressal Commission, it has been WRONGLY stated as under:-
[Arising out of the order dated 23.09.2010 in Complaint Case No.232/2010 passed by District Consumer Disputes Redressal Forum, Udyog Sadan, C-22 23 Institutional Area, Behind Qutab Hotel, New Delhi-110016]
However, the judgment in contrast runs as under:-
“the appeal is directed against order dt.16-02-2015 passed by the Ld. District Forum-VI, Vikas Bhawan, I.P. Estate, New Delhi” and this happens to be the correct version. It may, therefore, be seen that there is no co-relation between the top and the text at the bottom. I am, sure, your kind-self shall agree that for this goof-up, blame should not be shifted to the computer operator as it squarely rests on the signatories. Evidently, due diligence and care have not been exercised by the signatories.
2. Page No.2 line number 6 the covered parking space has been erroneously interpreted as “Street Parking” whereas it ought to have been worded as “Stilt Parking”
3. In addition, I would like to express my anguish, pain and disappointment as to how the Appeal had been dealt with in the State Commission of a Senior Citizen. The Date of Decision has been rightly shown as 04.8.2015 and on the very same afternoon, Shri N P Kaushik, Member (Judicial) dictated the judgment (cross appeals) in the presence of both Appellants in the open court. Hence, this is not a case of judgment ‘Reserved’. The text of judgment hardly runs in 3 pages- small A-4 size paper. However, it was signed after an inordinate delay of 42 days on 16.9.2015 for reasons beyond comprehension and thereafter it was lying on dispatch table from 22.9.15 unattended collecting dust. These unjustified delays are not expected from a Consumer State Commission.
4. The judgment copy had to be collected in person on 05-10-2015.
5. It is ironical that the judgment is full of inaccuracies and no effort has been made to find out the truth during the proceedings. Had the husband representing the Appellant as a Party-in-Person was given an opportunity and allowed putting-forth his arguments, had the Member (Judicial) had taken pains to have given at least a cursory look at the appeal, this kind of wrong, misconstrued and imaginary and illusionary inferences would not have been drawn by the State Commission resulting in miscarriage of justice. The factual position is detailed below:-
JUDGMENT BASED ON MISCONCEPTIONS WHAT THE APPEAL SAYS?
The complainant’s grievance before the Dist. Forum was that the Sub-Lease Charges of Rs.1,72,500/- received by the Opp/Appellant was an unfair Recovery. It was not included in the Basic Price. On the other hand, the Complainant all along asserted in the Appeal that the sub-lease charges were included in the Basic Price itself and this was never shown in the Payment Plan separately. It was a rude shock that this amount was demanded at the time of final payment. This was not a small amount not to be shown in the payment plan. A specific example with solid proof furnished to the Commission Wherever it was not Included in the Basic price, it was shown separately in the Payment Schedule in respect of many others. Member (J) conveniently overlooked the contents in the Appeal in a cavalier manner.
Page…2 S.No.1 & 4
Second grievance was that due to delay in registration of the flat, circle rates stood revised by the Noida Authorities resulting in the Excess payment of Rs.15,750/- sq.ft The Complainant had to pay additional amount of Rs.01,68,320/- In relation to delay in delivering of possession and subsequent rise in stamp duty, Ld. Dist. Forum observed that it was Complainant who had sought time for payment of dues. For this reason, there was a delay in handing over the possession.
Member (Judicial) failed to go thru the ultimatum served by the Complainant to the Builder vide email dt.08.5.12
for giving immediate possession. In response, the Realtor for the first time informed vide email dt.09-5-12 that the flat shall be ready for possession by 30th June, 2012 Similarly, the Complainant herself chased the issue of Registration like a shadow vide email dt.29.9.2012 for taking up registration without any further delay. Moreover, Realtor could get Completion Certificate from the Noida Development Authority on 10th September,’12 only.
The Advt. of Realtor shows that the Flats were ready for occupation in the year 2013
Only! Further, along with all other flat owners, registration of
complainant’s flat was also done in small manageable groups and at no time, the Complainant expressed financial crunch for Registration. Member (J) ignored the details and prejudged the issue.
Page No.2 S.No.1
The OP/Appellant has not paid the amount for compensation for delayed possession In full. Complaint alleged that the said Amount of Rs.76,475/- paid towards Compensation was short of Rs.5,833/-. This, once again, clearly establishes that Member (J) did not bother to go thru the Appeal and jumped into hasty conclusions. Complainant’s grouse was that Rs.5,833/-@ 18% recovered on the pretext of delayed payment of installments. It is pertinent to point out that the payment was linked to the progress of const- ruction. Construction was stalled due to Income Tax raid and sealing of project site; also due to diversion of work force to other Projects and complaint lodged by the neighboring Shivalik Residents to the Noida Development Authority on the pollution created by the Builder. Therefore, rescheduling of payments was done for which Realtor has given written approval. Member (J) failed to take notice of this.
Page…2…S.No.1& Page No.3 S.No.6
An amount of Rs.25,000/- was charged as illegal gratification to be given to Noida Authorities towards Registration process. Payment of the amount of Rs.25,000/- for It was intended to be onward payment the expenditure to be incurred on miscella- neous things like purchase of stamp papers, Typing, attestation etc. Amount in cash was
collected without a Receipt against RBI Rules. Collection of same No where it was stated by the Complainant that the bribe was meant for Noida Authorities. It was to be paid to the Sub-Registrar, Noida as indicated by the Realtor Co. The Complainant has raised the following objections in her Appeal :-
How can a large sum of Rs.25,000/- can be collected in cash and not in the form of a cheque that too without issuing a Receipt against RBI Rules?
How can the same amount can be collected uniformly from all categories of Flats Viz; HIG, MIG and LIG without different norms?
From influential people, this slush money was not collected. Instead of finding fault with the Realtor, it is atrocious as to how the State Commission has given its seal of approval and encouraged this malpractice which generated black money in the country.
Page No.4 S.No.6
Complainant has filed a cross appeal bearing First Appeal No.134/2015 seeking recovery of amounts as discussed above. Since all the above said points have been dealt with at length by the Ld. District Forum and upheld by this Commission, we need not dwell on the same again in the cross appeal. Our findings on all these points remain the Same. First Appeal No.134/15 is Accordingly disposed of. The Appeal of the Complainant was disposed off without providing an opportunity to the Complainant to make an argument and he was snubbed repeatedly. The Realto’rs appeal was time barred but the objection was overruled and accepted without insisting for notorized application for condonation of delay. The Member (J) of Court No.2 Shri N P Kaushik pressurized the Complainant to forego Rs.One Lakh from the Relief awarded by the Dist. Forum in the open court instead of deciding the case on merits. The Advocate of the Realtor readily agreed to refund this amount in cash only and at the end made volte-face and refused to make any payment. As such, Member (J) was left with no other option except to uphold New Delhi Forum’s Order as it was based on Apex Court’s Ruling. The Complainant’s Appeal was filed vide F.A.No.134/15 on 13.3.2015 whereas the Builder’s Appeal was filed later Vide F.A.No.173/15 on 31-3-2015 But the Realtor’s Appeal was given priority and taken up first.
The Complainant approached the State Commission with high hopes when the Dist. Forum erred on many counts. Without going through the Appeal, the State Commission has dittoed it denying justice and eroded the trust and confidence reposed in the State Commission.
Noida-201307 Ms ABV Vijayalakshmi
23 -11-2015 B-1105, Gardenia “GRACE”
Ms ABV VIJAYALAKSHMI, P P Reddy Old Age Home, Mallapur Village, Saroornagar Mandal, HYDERABAD-500035 (Telangana)
03rd January, 2015
Respected Sir: GENDER BIAS IN NCDRC
I am distressed and disheartened to bring to your kind notice about the double standards followed by the National Consumer Disputes Redressal Commission (NCDRC) in the disposal of cases.
1.On my Petition seeking transfer of my complaint (T.A. No.10/2013) against a Realtor-‘Gardenia Shelters Pvt Ltd’ pending in Dist. Consumer Forum, Greater Noida to the District Consumer Forum, New Delhi was agreed to without hassles on the basis of the following facts:-
2.At this advanced age of 70 years, I have been diagnosed with a congenital hole in the heart and associated complications and therefore felt difficulty to attend the proceedings in the Consumer Forum, Greater Noida which is 30 km from my residence (Flat No.B-1105, Gardenia “Grace”, Sector-61, Noida-201307).
3.It is less said better about the sorrowful state of affairs in the Dist. Consumer Forum, Noida. In short, the District Consumer Forum, Noida is a quagmire/cesspool of corruption.
a) The President does not follow court timings and keeps the complainants waiting endlessly.
b) He does not treat the senior citizens with due respect and compassion. He plays crude jokes on elders especially South Indians.
(iii) The Consumer Court in Greater Noida does not display the cause list and not shown in website also although U.P. makes tall claims about the computerisation and great strides made in Information Technology.
(iv) The President forces to make a compromise between the unwilling litigants without caring to go through the case. He does not read the file at all.
(v) He shows scant respect to Senior Citizens and humiliates them by making derisive and caustic remarks.
(vi) All the works in this Forum can successfully be completed if the palms are greased.
(vii) There is no end in sight to stem the rot and the sorrowful state of affairs in Noida Consumer Court. Only Divine Intervention can save the Consumer Court in Noida.
4.However, the Application of my husband, S Srinivasa Rao (75 years-Retired Agricultural Scientist) of his complaint (T.A.No.12/2013) against Thomas Cook (India) Ltd pending in Dist. Consumer Forum, Greater Noida to the Dist. Consumer Forum, Delhi under the same circumstances was dismissed by the NCDRC without assigning any reason despite the following facts:-
My husband is a chronic diabetic and underwent Angioplasty on 13th March, 2003 after suffering a massive heart attack and is dependent on life saving medicines due to Left Ventricle dysfunction.
Dist. Consumer Forum, Greater Noida is far away and not well connected by public transport whereas Delhi Forum can very easily be reached by Metro Rail from Noida Central.
The Proceedings in Greater Noida Forum are conducted entirely in Hindi and my husband is handicapped in not possessing fluency in Hindi language.
5.It is very strange that wife’s application was considered on the same health grounds by NCDRC but in contrast my husband’s was rejected that too without giving an opportunity to plead when he appeared on 11.12.14 before NCDRC as a Party-in-Person in the case registered by the Dist. Forum, Noida afresh Vide No.414/14.
6.It is relevant to mention here that NCDRC is not flooded with many applications for transfer of this kind. It is evident from the T.C.No.5 registered in November, 2014 of my husband that only a single digit number have been received by NCDRC that too at an all India level in the year ending 2014.
7.If NCDRC has a hidden agenda to discourage genuine applicants in this fashion from approaching it for transfers, it may dispense with the facility altogether instead of resorting to summary rejection without lending its ears to the problems of elderly Petitioners in patience. It is seen that the transfer cases are prejudged by NCDRC without going into the merits of the application.
8.The presiding judge, Hon. Shri J.N. Malik, in my husband’s case did not care to go through the Petition in the case registered afresh. He frowned on him and treated him shabbily in the open court without even considering his age. As his earlier Petition No.12/13 was rejected by the Hon. President, NCDRC himself and therefore the Hon. Justice has decided that the present one is not to be entertained. It is not out of place to mention here that the Apex Court, very recently, did not hesitate to review a judgment delivered by a retired colleague in his sister’s case to protect justice and fair play in public eye.
9.My husband has retired from NSC; a Govt. of India Undertaking – not entitled for pension. Even CGHS facility availed by him during service was denied after retirement and therefore due to lack of financial resources, he is not in a position to challenge the unjust decision of NCDRC in the Hon. Supreme Court.
10.In the light of the position explained above, it is requested for appropriate action at your end to ensure NCDRC does not adopt different yardsticks in identical cases with pre-conceived notions and to take up review of my husband’s transfer application independently without influenced by the decisions of others and without discrimination. I am having robust optimism that you will restore my husband’s shattered faith in the country’s judicial system. I may kindly be pardoned if I had exceeded my limits in bringing to your kind notice the injustice meted out by NCDRC but to whom else I could represent with equal trust and confidence except your kind self?
With kind regards,
Shri Ram Vilas Paswan , Hon. Minister for Consumer Affairs, Food and Pubic Distribution, GOI, Krishi Bhawan, New Delhi-110001
CC: Registrar, NCDRC, New Delhi -110023 for his kind information and necessary action to ensure review of the decision so that the error in law/gross injustice remedied.
S Srinivasa Rao
mahabubngar nagar court judes pending op case so long time minum nine months orders op publice is wating orders ten months
There is an urgent need to set-up Grievance Cell in each High Court where complaints of litigants, if any, are to be registered and redressed within a time frame. Judges are also ordinary human mortals and may commit blunders. They should not arrogate themselves not to be questioned for their wrongdoings or their slip-shod work. Exercising their lethal and powerful weapon of contempt of court should be resorted to in rarest of rare cases only.
Some sort of independent body should be established to inquire the matters against judges
I have filed a W.P.30687/2010 as a Party-in-Person in Andhra Pradesh High Court, Hyderabad. Shri Nooty Ramamohan Rao, Hon. Justice directed in the open court the standing counsel of Rajiv Swagruha Corporation Ltd to handover my small house building site purchased in the year 1984 and duly registered by the Sub-Registrar (East), Hyderabad illegally acquired by the State Govt. as it is still lying vacant in Munaganur village in Hayathnagar Mandal, Ranga Reddy District. Further, he had directed Mr Mallesh, Tehsildar of Rajiv Swagruha Corporation Ltd to locate my site, demarcate it and inform him on 15.7.2011. Shri Mallesh complied with the orders on 22.7.11 and informed the judge in the open court. Shri Ramamohan Rao told me and my wife in the open court to go ahead with the construction of our dream house there (208 sq.yd) and live there happily for 100 years. It is shocking that Shri Rao failed to record the day to day proceedings in the case file and the case is still pending in the High Court without disposal despite my deteriorating health with advanced age of 75 years and a petition to expedite the case on medical grounds. Shri H L Duttu, Chief justice of India recently directed the High Courts to clear the backlog of cases pending for more than 5 years on top priority basis. However, in A.P. High Court unless you bribe the concerned clerk, he will not post the case.
I have brought to the kind notice of Hon. President of India as to how my case had been handled by the Andhra Pradesh High Court and it was forwarded to the Union Law Ministry by the Rashtrapathi Bhawan. A Director in the Law Ministry transmitted my complaint to the Registrar General, A.P. High Court and reminded him also when no response was received from him. So far, no reply has been received by the Registrar General (Judicial). In our country, no one can question the wrongdoings of the judges and common people have to suffer silently. The Collegium System of appointment of judges to the High Courts and Supreme Courts is lopsided with the appointment of inefficient, incompetent and corrupt judges occupying higher judiciary . The Judicial Commission proposed to be brought in by Govt. of India is welcome and it may have a salutary effect.
due to lobby system in the Bombay court’s public not get full justice in the matter. when people has no money to engaged or hired advocate with of rs. 1 to 5 lac public not get justice with merit. we just request judge should not shield the advocate in misconduct, negligence and cr. breach of trust by advocate with client.
I am the victim who just suffering in personal life and career loss , financial loss because corrupt chain shield by few judges. They shielding the defaulters …. I approached court for the seeking justice instead of justice I was target by corrupt officers, corrupt advocates and as usual our corrupt system. there is no transparency in justice system. Is law minister or Bar council of Maharashtra can compensate my life in terms of money.
please remove such judge who partisan manner shielding and abetting crime against woman for making money and promotion. I need justice within time with transparency.
This is a peculiar case concerning the undersigned. I have filed a W.P.30687/10 in Andhra Pradesh High Court as a Party-in-Person. On 15-7-2011, Hon. Justice Shri Nooty Ramamohan Rao has assured me in the open court that the small house building site (208 sq yd) in Munaganoor village, Hayathnagar Mandal, RR Dist. purchased by me and duly registered by the sub-registrar(East), Hyderabad on 20th Dec.1984 shall be returned to me by the A P Govt as it has acquired it without issuing a notice and moreover it was established that when I had bought the site it was not Govt land and only in August, 1981 ie after a lapse of 7 years of its purchase, the MRO, Hayathnagar informed the Sub-Registrar that it was Govt. land as per the affidavit filed by the Dist. Registrar, Ranga Reddy District to the Andhra Pradesh Human Rights Commission. Further, the Criminal Court, Hayathnagar has absolved the charge of sale of Govt land by the vendor, Jaladi Vimala and acquitted her.
Hon Justice Shri Nooty Rama Mohana Rao has further directed Shri Mallesh, Tehsildar of Rajiv Swagruha Corporation Ltd in the open court to locate my small piece of land, fix peg marks and report compliance. Accordingly, Shri Mallesh informed the Hon. Judge in the open court on 22-7-2011. Thereafter, the judge told the old couple in the packed court room (myself and my wife in our seventees) to go ahead with the construction of our dream house and live there happily for 100 years.
HOWEVER, TO OUR RUDE SHOCK, THE HON. JUDGE HAD FAILED TO RECORD THE DAY TO DAY PROCEEDINGS IN THE CASE FILE. THE VERY NEXT DAY, THE BENCH HAS CHANGED AND THE CASE IS STILL LINGERING ON WITHOUT DISPOSAL. WHEN I NARRATED THE SAD INSTANCE TO SHRI RAO, HE SAID THAT HE IS HELPLESS.
THE MATTER HAS BEEN REFERRED TO THE REGISTRAR GENERAL, AP HIGH COURT BY SHRI Y M PANDE, DIRECTOR, MIN. OF LAW AND JUSTICE, GOVT OF INDIA, NEW DELHI FOR APPROPRIATE ACTION AND REMINDED BY HIM ALSO BUT THE A.P. HIGH COURT IS MAINTAINING STOIC SILENCE.
MY PETITION FOR EXPEDITING THE CASE ON HEALTH GROUNDS AS I HAD UNDERGONE HEART SURGERY ALREADY DID NOT EVOKE ANY RESPONSE FROM AP HIGH COURT. I FEEL THAT I AM TAKEN FOR A ROUGH RIDE BY THE A P HIGH COURT AND MY FAITH IN INDIAN JUDICIARY HAS ERODED.
Above article is for high Court & Suprem Court, what about lower court judges complaints. I any body disagreed for lower court judgement, then he may go against to High court. If a person not having such financial status to go High court then what is the solution for wrong judgement of lower court judge. Whether high court accept complaint of lower court for appropriate action? I am victim of civil suit harassment by opposite party with judges, if any solution to maintain suppermesy of law . Please intimate by return massage. With Kind Regards.