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Author Topic: Are government departments answerable to consumer forum courts  (Read 988 times)

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Offline Arjun Mallik

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Dear Sir/Madam,
One Government Department (officers), has been consistently giving wrong advises and requesting to bring this document or that document and made me travel more than 300 Kms per day on three occasions which also include hours of standing/sitting waiting to be served. There was a 7 year young kid involved too. In my first visit, I was told by the top officer to comeback after 11 years if I needed their service. When confronted, why my child would be denied a service till the child turns 18,  I was asked to produce an affidavit signed by Judicial Magistrate or an Executive Magistrate, because my case falls under a particular condition. In my second visit, when the requested affidavit was produced, after the usual officers harassment, the top officer says they do not have jurisdiction and so I have to visit the higher office. When asked what changed between the first and second visit , I was simply told to follow his orders if I wanted the service.  At the higher office, in my third visit, the officer there says what the officer at the lower office said is not right, so go and get another document, because my case falls under a particular condition. After going through the information carefully that is available on the government departments webiste, my case doesn't fall under the condition for which they are asking me the additional document. I had highlighted this to the top officer of the higher office over email and requested to answer me why I am being asked for such a document when their own website claims I dont need to provide.  Complete silence from them. Please advise if the government departments are answerable to consumer forum courts. If Yes I will provide the exact details.
Thanks & Regards,
Arjun

Offline adv.amarnath

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Re: Are government departments answerable to consumer forum courts
« Reply #1 on: August 22, 2015, 11:24:33 PM »
You have said the conduct of the Govt. Department Officer. You have to say the problem which you have been facing for which you are running here and there. You are requested to disclose you problem for which you have been harassing for prolong time by some govt. officers.

As per your query, you cannot bring a consumer case in this situation as there is no unfair trade practice or deficiency of service on the part of the govt officer. You have only remedy to make written complaint before his superior officer or department.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Arjun Mallik

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Re: Are government departments answerable to consumer forum courts
« Reply #2 on: August 23, 2015, 02:14:54 AM »
Dear Sir,

Thanks for your reply.

I am being denied the service by asking me to provide documentation which I am not required to as per the government's own guidelines, which are available on governments own portal. Wouldn't this fall under, at the least, deficiency of service if not unfair practice?

After the experiences I had in the first two visits at the lower office, I had written to the highest officers possible in the country, via Social Media, to their official Social Media accounts. There wasn't any response. After I visited the higher office in my state expecting something but without luck,   I had written via email to the most superior officer available, for the department in my state, after I got a letter from the superior officer's office, asking me to provide proper clarification/explanation why I did not provide a document requested by the legal officer of the superior officer's office, without which I will be denied the service. Isn't that like the higher office asking me to clarify/explain why I followed the advise of the lower office? There is no response to the email now since I asked them to explain to me why I am being demanded to provide a document which I am not required to as per their own guidelines.
To get the document they are demanding, I have to go to court. Instead, shouldn't I be going to court demanding the government department to explain why they are demanding documents which are not required to provide a service.

Apologies if I am wasting your time. If it is OK for you, I will send the entire/exact details to your email.
Appreciate your reply.

Thanks & Regards,
Mallik


Offline adv.amarnath

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Re: Are government departments answerable to consumer forum courts
« Reply #3 on: August 23, 2015, 09:31:21 AM »
It is very unfortunate that you have been harassing by Govt. Body for prolong time. Now you have written 'Unfair Practise'. Let me clarify you that there is no such word exists in the Consumer Law. 'Unfair Trade Practice' is being mentioned in the law. Now, you say is the Govt. Body is doing trade with you. Further, do you became a consumer by asking a Govt. Body to supply a document? Definitely No. You will get all protection under Consumer Law when your status will be a consumer.

Now, let me clarify your procedure of getting a document from a Govt. Body. You have to send a notice under Right To Information Act, 2005 where you can ask a Govt. Body to supply a copy of document. You have to fix  appropriate Court Fees in you letter. Most probably Rs.5/- per page is being charged.

The Govt. Body is bound to reply/ supply that document to you with one month subject to exceptional clause for supply of information or document.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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