Tuesday, September 2, 2014

Amendment proposal to Consumer Protection Act, 1986

Quite happy news that after 2002 a proposal for amendment of the consumer protection act 1986 is mooted recently, although there seems some things are still not attended for example :-in case when president and only one member doing the hearing and while passing order differ with each other on different points and then the order has to be referred to the third member for his opinion it is kept same though a lot of difficulty is seen working with this section of the law which prescribes that the differing order is to be referred to the third member for opinion and hearing and here inclusion of hearing gives rise to hearing being taken separately once again and noticing all the parties and so on which complicates the procedure ad also delays the matter further.There also lacking any provision in case this third member do not agree with the other two member...so finer points are till needed to be rectified and I think this has happened because feed back from those who work at the grassroot level are not heard , or taken care off but most of the technical difficulties are attended.

Get a detailed reading of the proposed amendment act clicking the link below.

http://consumeraffairs.nic.in/consumer/writereaddata/AmendmentCPU.pdf

you can email/write your feelings or feedbacks to

 Dscpu-ca@nic.in

or

Shri Premraj Kuar
Deputy Secretary (CPU)
Department of Consumer Affairs
Room No. 251, Krishi Bhawan
New Delhi, 110001


Thursday, July 24, 2014

Provident Fund Complaints whether can be entertained in consumer forums under CP Act1986 India

Eemployees are covered two kind of provident fund when they are on jobs..that is general provident fund and employee provident fund and from this two all those problems that are related to employee provident funds can be entertained in consumer forums in india as per laws.


So Employee is a Consumer under the Consumer Protection Act
The Regional Provident Fund Commissioner is providing ‘service’ and the subscriber to the Employees Provident Fund scheme can be termed as a ‘consumer’ under the Consumer Protection Act. Also, delay in discharging the money or improper allocation of it can be called a ‘deficiency in service’. This was held in the case of Regional Provident Fund Commissioner v Shiv Kumar Joshi. Inspite of this, the Employee Provident Fund Act has provisions for Dispute Redressal.

Although the Employee provident fund organization has got its own grievance redressal mechanism which speaks that all kinds of complaints related to EPF are to be put first here before going to consumer forums but they are covered under the CP act 1986.
unlawful delay in payment of advance is also a deficiency of service as per consumer laws.There are cases where NCDRC compensated complainants suitable for the defaults.So if you are an employee covered under EPF and your grievance is not redressed by the organization consumer forums can rescue and compensate the tension and losses you suffered.
 


Thursday, July 3, 2014

New SMS service will be launched Orissa High Court soon...

This new SMS service will be launched soon by orissa high court where in lawyers who have filed cases before the high court will be notified about the case status to their registered mobile phones.This is a great move to increase the support services through technology.Once used problems if any will be handled to work out the service smoothly.But the thought behind this is really great which I need should be applied in other courts too.Besides clients or parties who are directly connected with the cases should get this services because many a time because the parties do not get info about their case in time lose the chances of appeal which can be helped by forwarding the same messages to the parties too.
How to give registration.. it will be accepted in the ground floor of the new orissa high court building throughout the day from 10 am to 5pm working days.Advocates have to fill a short form and submit the same in the office.the form is available in the high court website.

Wednesday, July 2, 2014

Orissa High Court New Rules notification



ORISSA HIGH COURT, CUTTACK
NOTIFICATION
No.
966
/
dt
d.
24.10.2013
X
-
3/2013
Pursuant to the resolution passed in the Full Court held on 01.10.2013 and 21.10.2013
Hon’ble the Chief Justice has been pleased to substitute the existing
provisions contained in
Rule
-
1, 3(1), 5, 6, 7 and 8 of Chapter
-
XV of the Orissa High Court Rules, Vol
-
I 1948 (4
th
Edition,
1983).
1.
Rule
-
1(a) and (b) Page
-
31
Substitute the following for the existing provisions contained in Rule
-
1(a) and (b),
Chapter
-
XV, p
age 31 of the Orissa High Court
R
ules, Vol
-
I, 1948 (4
th
Edition, 1983) as
amended vide Correction Slip No.74.
1(a)
An application for direction or writ of mandamus, prohibition, quo
warranto, certiorari or any other direction or order under Article 226 of
the Constitution or an application under Article 227 of the Constitution
will be addressed to the Chief Justice and His Companion Justices of this
Court and will be placed before such Division Bench or Single Judge as the
Chief Justice may direct by a gen
eral or special order.
(b)
Unless directed otherwise, the following categories of cases will be placed
before a Division Bench:
(i)
Writ Petitions relating to Public Interest Litigation.
(ii)
Writ Petitions challenging the vires of any Act or any Statuto
ry
Order, Rule or Regulation.
(iii)
Writ Petition against orders of SAT, CAT and relating to service of
employees/officers of Judiciary.

(iv)
Writ
Petitions relating to admission into and recognition/ affiliation
of technical and professional educationa
l courses.
(v)
Writ Petitions in the nature of Habeas Corpus including all Writ
Petitions pertaining to illegal detention.
(vi)
Writ Petitions relating to Income Tax, Wealth Tax, Gift Tax,
Central Excise, Customs Duty, Entry Tax, Value Added Tax, State
Ex
cise, Service Tax and Sales Tax.
(vii) Writ Petitions relating to Tenders.
(viii) Writ Petitions regarding D.R.T. and Bank
Securitization, RDBI
Act,
OSFC and BIFR.
(ix) Writ Petitions under Orissa Estate Abolition Act, 1951.
(x)
Wr
it Petitions relating to Lease and the Orissa Government Land
Settlement Act, 1962.
(xi) Writ Petitions under the Special Courts Act.
(xii)
Writ Petitions relating to immovable properties of Hindu Religious
Endowments.
(xiii)
Writ Petitions ag
ainst the orders p
assed by the Orissa Electricity
Regulatory Commission.
(xiv)
Writ Petitions relating to Mines and Minerals.
(xv)
Writ Petitions under the Land Acquisition Act.
Provided that when a Division Bench is not available
and in all cases
when a Single Judge functions as the Vacation Judge, a Single Judge may
entertain an application under Articles 226 or 227 of the Constitution and pass
an interim order but no final order shall be passed by such Single Judge.
All
other matters will be listed before a Single Judge”.
2.
Rule
-
3(1), Page
-
32
Substitute the following for the existing Rule
-
3 (1) of Chapter
-
XV, Part
-
II at
Page
-
32 of the Orissa High Court Rules, Vol
-
I, 1948 (4
th
Edition, 1983).
The applications shall
be accompanied by a statement setting out the name and
description of the applicant and of the party against whom relief is sought and the
particulars of the proceeding/ proceedings which is/are sought to be challenged or
quashed, and the grounds on which
it is sought. The same shall also contain the
provisions of law under which it is filed, the reliefs sought and the orders or actions

impugned in the first few paragraphs. All such particulars as indicated in Appendix
-
I
shall be duly and correctly furnishe
d by the petitioner.
In the application, the petitioner, after supplying the aforesaid information, shall
also incorporate in a separate paragraph whether alternate remedy, if any, available
under any statute has been availed or not.
3. Rule
-
5, Page
-
32
S
ubstitute the following for the existing Rule
-
5 of Chapter
-
XV, Part
-
II at page
-
32
of the Orissa High Court Rules, Vol
-
I, 1948 (4
th
Edition, 1983).
“Every application shall be registered as Writ Petition (Civil) “W.P.(C)”
except the application for Habeas
Corpus registered as “WPCRL”. Applications
under Article 227 of the Constitution arising out of a Suit or a First Appeal shall
be registered as Civil Miscellaneous Petition “C.M.P.” and arising from any
criminal proceeding shall be registered as Criminal M
iscellaneous Petition
“Crl.M.P”.
4.
Rule
-
6, Page
-
32
Substitute the following for the existing Rule
-
6 of Chapter
-
XV, Part
-
II at page
-
32
of the Orissa High Court Rules, Vol
-
I, 1948 (4
th
Edition, 1983).
“The record of W.P.(C) or WPCRL and C.M.P. / Crl.M.P.
except a case in
which a memorandum has been filed for being listed on the day following the
date of presentation shall be sent for stamp report on the day following the date
of its registration. The Stamp Reporter shall return the record with his report
on
the next date of receipt thereof”.
5.
Rule
-
7, Page
-
32
Substitute the following for the existing Rule
-
7 of Chapter
-
XV, Part
-
II at page
-
32
of the Orissa High Court Rules, Vol
-
I, 1948 (4
th
Edition, 1983).
“In W.P.(C) or WPCRL and C.M.P./ Crl.M.P., defect
s if any, pointed out by
the Stamp Reporter shall be removed within five days from the date of
publication of the defects in the Supplementary Cause List supplied to the High
Court Bar Association, failing which the case shall be placed before the Deputy
R
egistrar (Judicial) within three days thereafter for orders”.
Provided that the Registrar may refer any matter to the Court for orders.

6.
Rule
-
8,Page
-
32
Substitute the following for the existing Rule
-
8 of Chapter
-
XV, Part
-
II at page
-
32
of the Orissa High C
ourt Rules, Vol
-
I, 1948 (4
th
Edition, 1983).
“When the defects are not removed or when the orders of the Deputy
Registrar are not complied with, in any case within the time allowed by him, the
W.P.(C) or WPCRL and C.M.P. / Crl.M.P. shall be placed before t
he Bench within
three days for dismissal.
N.B.
The above amendments shall come into force w.e.f
01.01.2014
.
Encl. Coding Sheets I to XI & Guidelines (
30
Pages)
By order of the Court
Sd/
-
(
G. MOHAPATRA
)
Registrar (Judicial)

APPENDIX
-
I
CHAPTER
-
XV, Rule 3 (1)
IN THE HIGH COURT OF ORISSA: CUTTACK
Writ
Petition
No. ............
........
/ 20......
...........
Code No.
_______________
In the matter of
An application under Article 226 / Article 227 of the Constitution of
India, 1950.
AND
In the matter of
An application under (state the relevant law / provision under which the order
impugned has been passed and interference is warranted).
AND
In the matter of
A.B. (add description such as age, father / husband’s name,
residential address
including
Fax number with S.T.D. Code / Phone No. / Mobile No. and e
-
mail
address, if any or the official address with such details)
......... PETITIONER (S)
VERSUS
C .D. (add description such as age,
father / husband’s name, residential or official
address on which the service of notices is to be effected on the Opposite Party /
Parties. The details of each Opposite Party are to be given in a chronological order
wi
th Fax number with S.T.D. Code / Phone No. / Mobile No. and e
-
mail address, if
any.)
............. OPPOSITE PARTY / PARTIES
DETAILS OF THE APPLICATION
1.
Particulars of the cause/order against which the Petition is made:
(
1) Date of Order /
Notification
/ Circular / Policy / Decision etc: .............................
(2) Passed in (Case or File Number) :............................................................................
(3) Passed by (Name and designation of the C
ourt, Authority, Tribunal etc.):
.............................................................................................................................
..........

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