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Author Topic: Can this voice recording be used in State Consumer Forum appeal?  (Read 379 times)

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Offline Consumer Complainant

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Can this voice recording be used in appeal?
Respected Sirs:

I have a voice recording of the conversation which happened in open forum during my pleadings in district consumer forum with the president.  While the other two members were silent.
This is what actually the judge told me was:

"If I given orders in favour of you, tomorrow morning 500 complaints will come and fall in my forum.  I donít have time to finish the pending cases.  If 500 complaints come and fall in my forum, who has time to read all those complaints?  The government should open another 10 forums in Bangalore itself with the existing 6 forums to dispose of student grievances.  He also said that even his son failed and his son applied for revaluation.  Neither his marks increased nor decreased, so what can be done, nothing he told.  I pleaded further that let him please help me out.  He told why should i help you? Whether you pass or fail or go to some other court is your lookout, not mine.  He  then asked if I have any citation.  I had one, I gave citation stating student is consumer and revaluation of answer papers come under consumer forum."

This happened in 3 dates.  Fourth date my complaint was dismissed.  Although I had searched for another citation where it is told that Supreme Court has not completely barred any student from approaching the consumer forum with a grievance.

What he gave in writing is as below:
My consumer forum complaint was dismissed stating that I have challenged the evaluation system of Bangalore University and Bangalore University College.  By going through the reliefs sought for the complainant and the pleadings, this forum finds that this case requires detail trial by recording the evidence of both parties as if it is a regular suit, this forum being empowered with summary trial only, thereby all the questions involved in this case cannot be adjudicated in a summary trial.  Hence the complaint is dismissed.  The complainant is directed to approach the competent court of law necessary reliefs.

My questions are:
  • The entire conversation between the judge and me in recorded on my mobile phone.  While the other two judges did not speak on all the dates.  Only the judge sitting in the middle spoke.
    The judge simply did not want to entertain my case fearing that all students like me will come and file complaints in consumer forum.
    Now can I go for appeal in state consumer forum? Can I use the above voice recording to prove that judge simply did not want to help me out?
    What is competent court of law?
    Do I need to pay fees again in state consumer forum?
    Do I need to make 3 sets of copies for 3 judges in state consumer forum plus one copy each for each of the opposite parties?
    Or a simple letter stating the above would be sufficient in a appeal letter asking the state consumer forum to look into the matter?
Experts please reply.
« Last Edit: April 18, 2018, 08:56:45 AM by admin »

Offline advjaibansal

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Re: Can this voice recording be used in State Consumer Forum appeal?
« Reply #1 on: April 17, 2018, 04:40:58 AM »
Dear Sir,

You are lucky that you were not caught while recording the court proceedings. First thing- you cannot record the court proceedings. Further, the same cannot be used anywhere even in appeal. It has no relevance. Please don't file along with appeal or any where, you will be in deep trouble.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Consumer Complainant

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Re: Can this voice recording be used in State Consumer Forum appeal?
« Reply #2 on: April 17, 2018, 11:35:33 AM »
Sir:

Supreme Court of India during November 2017 emphasised that judiciary proceedings should be transparent.  And ordered for video and audio recording of judicial proceedings in all courts.

Even if I dont use the recording, Its registered in my mind word by word.
And what the judge displayed was laziness, I dont know what to call it. He simply dismissed the case fearing that per day 500 complaints like mine will fall in his fourms lap.  That he did not want to happen.
How to prove this in appeal?
« Last Edit: April 18, 2018, 08:57:12 AM by admin »

Offline advjaibansal

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Re: Can this voice recording be used in State Consumer Forum appeal?
« Reply #3 on: April 19, 2018, 06:33:40 AM »
Dear Sir,

IF your complaint is dismissed then file an appeal to the state commission. I don't want to repeat myself on the recording aspect, my advise remains the same, rest is your wish.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

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