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Challenging the decision of District forum in state commision


23-Aug-2023 (In Consumer Court Law)
Hi, I have filed a case against CROMA & Dell in Saini enclave, Delhi for selling me a defective laptop and not respecting their commitment to refund/exchange the laptop in 7 days as they promised. The case has been going on for 3 years with one of the opp party never appearing in court & other one appearing very rarely. And court gave judgement in their favor even when I have submitted clear evidence about the lack of service and fraud by Dell as they even refused to give me invoice receipt on 2nd exchange after giving me re-furbished item which didn't last a day. I need to know if there is any chance: 1. If justice is even possible ?(or just case will keep going till we give up or lose hope) 2. My last lawyer hasn't shown any accountability for the case, never appeared for the hearing on time or when it mattered..so is there any point of having a lawyer ? 3. Is state commission also behaves like district forum, which lists a case only to give another date Regards, Kishor
Answers (5)

Answer #1
845 votes
Mr. Kishor,
I understand that you must have lost all hope and faith in the past 3 years. It is really sad that a case such as yours, clear and simple faced such a fate, Justice is delayed but not denied and it is a battle that pro active citizens such as yourself must continue to fight for answering your first question do not give up and leave the room dirty, pick up a broom and clean it. Secondly you can fight your case in person with a bit of effort and guidance for which we are always and at any hour available in this age of technology and legal advisory portals. Lastly, make the job of a judge easy, atleast on your end go prepared no advocate can ask for unnecessary adjournments if you bring that to the notice of the court. Our judicial system is going through a revolutionary phase with remarkable judgements being passed lately, be a part of that revolution. I hope you good luck in finding a sincere advocate and hope you faith is restored again. All the best for your battle.
Answer #2
639 votes
Hi, first of all you are suggested to have faith in judicial system. If one of the parties are not coming, the court can impose costs on him and finally declare ex-parte. Perhaps you have not pursued the case strongly and that's why facing problems. You may approach to district forum with an appeal. There are chances that you will succeed. Also hire a sincere advocate for the case, as a individual you may not understand and deal all the intricacies of the case.
Answer #3
791 votes
Hello,

I thoroughly go to the problem as shared by you. This is the fault of the lawyer who is no appeared on the dates as provided by you . But now u have a one remedy as well to file the appeal against the order of District Consumer forum within the period of 30 days as prescribed in the act to state commission. Losing the hope is not the solution , if you are consicious about your rights then file the appeal within the limitation period to appropriate forum. All the queries only be clarified only after reading the order of District Consumer forum.
Answer #4
987 votes
Hi.. You can file an appeal in state Commission and can challenge the judgment given by the district consumer court. An appeal against order to the State Commission can be within a period of thirty days from the date of the order.
Answer #5
974 votes
You can challenge the said order by the district forum. State commission is very precise in this matter.
To answer your query. :-
1. Litigation does involve time and no one can guarantee you anything.
2. Lawyers are not all same. If you hire the right one he will ensure he wil.do to the best of his/her capability.
3. Since I have not read your file I cannot comment on the district forums decision viability and correctness.

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