Legal Question in Consumer Law in India
respected sir/madam
i have filed a case of fraud, misleading and deficency in service against a truk manufacturer and dealer, in consumer court.
i won the case and get compensation in district forum. but the compensation was not enough, it was almost 70% of the actual amount demanded.
then me and opposite party file the case against each other in state consumer forum.
opp. party filed against order, and me for more compensation. In the state, judge dismiss my appeal aswell as dist. consumer forum's order. they state that i'm not a consumer as i was using a commercial vehicle. whereas i clearly mentioned in the appeal that the vechile was financed by bank. and it was for earning purpose. During the final argument stage judge noticed and mentioned the fraud, misleading and deficency in service against a truk manufacturer and dealer, but the orders was surprisingly different. my case was solid and i have solid proof in favour of me, which he himself mentioned during arguments process/hearings. but judge mention in his order that i'm not a "consumer" under consumer protection act 1986 and i have to go for civil suit. But, if i'm not a consumer under act, then why he mentioned other things in his order, that there was not any defficiency in service and there wasn't any fraud by the dealer, totally diffrent from earlier hearings. his order has made my civil suit also loose/weak as he mentioned his irrelevent statements with his order.
My question is:
1) whether his statements will effect my civil suit case in court?
i.e. whether the civil judge will consider the pleadings of state consumer court's judge?
2) can i file both, civil and national consumer case?
if not wich one will suits me better?
3) is it possible for me to ammend/add few pleadings that my advocate forgets to add, in National commission?
4) is it possible that a judge can be sold or bribed according to my case.
5) if i sold that truck, that will dissolve my case?
Thanking you,
Naveen Verma
09418034067
1 Answer from Attorneys
You may avail the remedy of approaching the National Commission.
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