Tuesday, July 3, 2012

How consumer forums operate?partone

I will not go into the technical part or manuall paper work but will try to give a general outlook and simple understanding about how consumer forums operate in our country.consumer forums are established in each and every district in all states of India under the enactment of consumer protection Act 1986.
The main role of the consumer law is to protect consumers from cheating in many manners and different forms and helping them get quality goods and services for the money they spend and at the same time protecting consumer interests for the benefit of larger masses.Elemenating malpractices by business owners and sellers.
So when a consumer feels aggrieved and even after trying do not get satisfactory answers to his grievance from the owners or sellers of a poduct or service he can lodge a complaint at the consumer forum but to lodge a complain the law provides that an office of the company or sellers should be in the area where the complaint is lodged,If that company do not have any business in the area where the consumer stays he can not lodge a complaint .
when a complaint is received it is scrutinized and looking into the papers an initial hearing is set on a day to hear the complaint of the petitioner by himself or through his advocate if he has appointed someone.Once this preliminary hearing is done the forum decides whether the complaint can be admitted or rejected.Once it is admitted further notification to the owners or sellers who are the opposite parties are made and next dates are fixed for further hearing and contest,otherwise the process stops there.

Monday, July 2, 2012

Right of advocates to practice..Section 30 of Advocates Act

Section 30 of the Advocates Act provides: “Right of advocates to practice: Subject to the provisions of this Act, every advocate shall be entitled as of right to practise throughout the territories to which this Act extends; in all courts including the Supreme Court; before any tribunal or person legally authorised to take evidence; and before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practice”.

Advocates were demanding the implementation of this section enabling advocates to practice any where and it was going on since the enactment of the Advocates Act it self but fortunately finally the government decided to notify this section to be implemented  by virtue of which Lawyers will be able to practice anywhere in India irrespective of their registration to any bar council .

Union Law minister.. Moily said, “I traced the file relating to this provision. For some reasons this Section remained in the Statute without being notified. I decided to notify this Section and signed necessary orders. The notification is expected to be issued either on June 7 or 8”

Supreme Court already in the case of  Aeltemesh Rein vs. Union of India and others [AIR 1988 SC 1768
gave the discretion of the implementation of the said section of the advocates act to the government.And till the final notification comes from the government lawyers can not claim the benefit as a matter of right.

The original section 30 in the Advocates act reads as follows..
 Right of advocates to practise. Subject to the provisions of this Act, every advocate whose name is entered in the 1[ State roll] shall be entitled as of right to practise throughout the territories to which this Act extends,--
(i) in all courts including the Supreme Court;
(ii) before any tribunal or person legally authorised to take evidence; and
(iii) before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise. 
 
so with a notification of the section is implemented any one can file a suit in the supreme court itself which is a great happening for practicing lawyers in india.


 
 

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