Is Justice Delayed or Denied in India?

Consumer courts are handling and closing the cases much faster than civil courts is a history. India has celebrated silver jubilee of lawmaking of 'Consumer Protection Act 1986' during 'World Consumer Day', our official consumer protection setup suffers from critical cracks in deliverance of justice to consumers at least complained to the consumer forums in the country. 

Consumer rights

This may be due to substantial deficits in deployment and lack of human resources in state and district level consumer courts in India. This has messed up more than 3, 40, 000 'pending cases' all over India. I have an awful experience with South Chennai District Consumer Court. I have filed a complaint in the court on 02.02.2007 and still the hearings are going on. Three times, it was ordered by the Hon’ble Judges and reopened the same. I completed three oral arguments but the opposite party is dragging the case. Being a social worker, I used to suggest many others to approach consumer forums for their problems but now I am sick of following my case for five years and do not know when I will get the order, I will never ever recommend others to do so.

Consumer Awareness

I had a problem in realization of a check deposited on 05/10/2006 in State Bank of India, Velachery, Chennai and waited for more than 3 months with consistently following the branch manager and chief accountant but no use. The accountant was kind enough to complain this to Deputy General Manager of State bank Of India who said that it was not possible because one of the key staffs was refusing to discharge his duties in the branch where the check has to be honored. 

I complained Consumer Online Resource and Empowerment Center and a copy of my complaint was sent to Branch manager, but he did not respond to that too. I felt it was a total failure of the industry and decided to move to the court but still no justice rendered. The next day of my complaint filed the manager came to my home, said the check has been realized and asked me to withdraw the case, and offered some compensation from his pocket. 

The question is how was it possible to realize immediately after receiving the notice? It shows a complete negligence. I asserted that I would move the court. Then the counsel of the opposite party came into the scene and threatened me to withdraw or they could drag the case to 3-4 years and now it is more than five years.

cheating

Please read the following excerpts of my complaint and suggest what I should do in this condition if you are a lawyer or consumer activist or you know the legal provisions.

I submit that I have savings bank account No. 10561067778 with the Velachery Branch of State Bank of India. I state that I deposited a cheque no. 762458 for Rs.8000/- on 05.10.2006 drawn on Karur Vysya Bank at Aundipatty in my account for collection.

I state that my cheque was not realized till 02.02.2007 and I filed a complaint before this forum on the same date. I state that I several times approached the bank and pleaded for realization of the cheque, they tried the Aundipatty branch of SBI and could not be able to realize it.

I state that I had no intention of filing this complaint and I tried through a Consumer Online Resource Empowerment center  which has sent a letter to Velachery Branch. After all my ways of approaches failed, I filed this complaint before this forum.

I state that to my surprise, the amount was realized and credited on 02.03.2007 immediately after receiving the copy of the complaint from this forum. I wonder, had it not been sent, it would not have been realized and there may be further delay. I state that this is sheer negligence, carelessness and lethargy of the State Bank of India Industrial system. The opposite party agreed that despite of all measures they have taken, they miserably failed to get my problem solved.

I state that though this delay was not due to the opposite party, he is morally accountable and responsible for proper service and a customer cannot go to the branch where the real problem is. In spite of their excuses of migration of staff in a branch and technical snag for the amount not credited, I was the sufferer of denied service, which was redressed only after the court notice.

I state that Rs.8000/- is not simple money for me as a freelancer and not getting any regular payment or income. I was in a delegate situation to manage my regular expenses.

I state that the whole money credited to my account is not only my income but also borrowed money from my relatives and friends to clear my debts. The opposite party claimed to refer my A/c statement to know I have not suffered mental agony and I wish to clarify that “Is there any yardstick to measure mental agony? And can denial of proper services to a client be justified if the client has enough balance and good transactions?”.     

I state that I suffered a mental agony due to the denial of payment for 4 months. I strongly object the words used by the opposite party in their affidavit such as ‘the complainant not suffered mental agony, speculative nature and greediness’ against the punitive claim of Rs.30,000/-. This shows the OP is badly judgmental towards a client suffered and negligence of human value.

In the above facts and circumstances, it is respectfully prayed that this Hon’ble Forum may be pleased to allow the complaint as prayed and thus render justice.

You should read this too to understand the whole scenario by clicking here