Our legal work is practised according to the details and rules made via the enactment of Civil Procedure Code wherein all the procedures of various legal processes is determined and those are mandatory to perform while conducting complaints and litigations and everyone related is bound by them.But CP act is a separate creation of legislature which is meant to give solace to the hurt and manipulated consumers by the greedy business class.
Many a times or say each time advocates who conduct consumer cases also in consumer forums though it is neither mandatory nor required if someone has got some knowledge of the consumer laws...use the processes as enumerated in civil procedure code but as per the consumer protection act it is expressly provided that only a few provisions which are basically related to calling for evidence are only applicable to this act and nothing more than that.Again when nothing is expressly provided in the consumer protection act, or rules or regulations than for smooth adjudging one takes resort to the procedures of civil procedure court but this too also not to be misused.
The misuse is often seen while seeking adjournments to the hearings.. and evidences even though it is expressly provided that even the evidence act is also not applicable to consumer cases.So if anyone is conducting a legal proceeding personally in any consumer forum they can gather some knowledge on this line on the various provisions available so to check any manipulations...or may bring to the attention of the forum if something negative is happening.what is needed is a better understanding.
will discuss various provisions in the next post...
jai hind...
Many a times or say each time advocates who conduct consumer cases also in consumer forums though it is neither mandatory nor required if someone has got some knowledge of the consumer laws...use the processes as enumerated in civil procedure code but as per the consumer protection act it is expressly provided that only a few provisions which are basically related to calling for evidence are only applicable to this act and nothing more than that.Again when nothing is expressly provided in the consumer protection act, or rules or regulations than for smooth adjudging one takes resort to the procedures of civil procedure court but this too also not to be misused.
The misuse is often seen while seeking adjournments to the hearings.. and evidences even though it is expressly provided that even the evidence act is also not applicable to consumer cases.So if anyone is conducting a legal proceeding personally in any consumer forum they can gather some knowledge on this line on the various provisions available so to check any manipulations...or may bring to the attention of the forum if something negative is happening.what is needed is a better understanding.
will discuss various provisions in the next post...
jai hind...
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