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Defamatory statement by consumer court what action can I take
14-May-2023 (In Civil Law)
A consumer court has passed an uncalled for remark against the litigant (consumer) using an unparliamentary and disparaging word (greedy). The remark has sullied the litigant's reputation in the eyes of the endorsees.. It has hurt the feelings of an octogenarian and his family. The idea is to file a writ petition against the consumer court for expunging the remark. The petitioner needs legal help.
The Writ Petition for expunging such remarks can be filed before the High Court. The jurisdiction of High Court to expunge remarks is of an extraordinary nature. A clear case for expunging the remarks of the consumer court has to be made out. Whether there is a clear case can only be judged on seeing the record of the entire proceedings and the context of the remark made by the Consumer Court.
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Adv. Srishti Saxena
Delhi | 100+ Answers
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Rather invoking the writ jurisdiction you should approach the appelate forum to the from passed the impugned order. I.e. If it is from DIdtrict forum then approach state commission, if state commission then National Commission & If National Commission the Hon'ble Supreme Court if 30days has not been expired you may Impugne the said order in appeal and if it is with in 30-90 days then by way of revision.
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Adv. Rohini Kumar
Delhi | 100+ Answers
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You are on the right track. Legally this may be possible. However, the judgement needs to be seen first. Kindly consult a lawyer practising the concerned High Court for detailed procedure & advice. Writ remedy is effective in such cases.
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Adv. Rishi Raj Sharma
Delhi | 100+ Answers
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