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Are consumer courts FRIENDLY enough
Recently, the Karnataka high court issued a notice to the government on a public interest litigation (PIL) seeking a directive for filling up vacancies in the Consumer Commission and several district forums in the state. According to the provisions of the Act, a case has canada goose outlet in new york to be disposed of within 90 days. But the petitioners claimed that many cases were pending beyond 180 cheap canada goose days due to inadequate manpower in consumer courts.
The PIL was filed by Basavanagowda Patil, students of National Law School of India University, Bangalore (NLSIU) and an NGO. According to the petitioners, under the right to information Act (RTI), as many as 4,393 cases were pending in the state commission and 4,211 cases in various district forums till July 2012. Even though the Central government had asked Karnataka to set up an additional Bench way back in 2004, to clear some 2,700 cases which were pending then, the state did not take any steps. In August 2012, the state replied saying the finance department did not approve filling the vacant posts.
buy canada goose jacket Says a canada goose outlet uk sale senior member of a Karnataka Consumer Forum: vacancies are not being filled by the state government. But we are giving priority to old cases and those filed by senior citizens. There are even cases pending since 2008. to data from the National Consumer Disputes Redressal Commission (NCDRC), since its inception, the commission has disposed of 86.96 per https://www.canadagoosecanadaoutlet.com cent cases and 10,230 cases are pending with it (as on November 30, 2012). In comparison, all the state commissions together have solved 84 per cent cases with 93,839 pending before them. buy canada goose jacket
cheap Canada Goose The number of consumer forums are not very encouraging in many states. a population of 25 million in Mumbai, there are only four Benches and even those are non functional for the past seven months due to lack of human resources, says Mumbai based senior consumer lawyer Uday Wavikar. cheap Canada Goose
Even if there are lawyers, reliability is an issue, says consumer activist Jehangir Gai. times, we see those practising in consumer courts are the ones who have not succeeded in civil or criminal courts, he says. There are very few exclusive consumer lawyers and activists in the field.
No lawyer wants to be appointed at consumer courts, say consumer lawyers and activists. Reason: poor pay and poor facilities. There are not canada goose outlet boston even decent toilets in most forums, say lawyers. Also, the rooms are much smaller measuring just 10X10, and there not enough seats. Sample this, a high court lawyer earns Rs 30,000 40,000 per appearance, going up to Rs 3 lakh. In comparison, a consumer lawyer either gets a lumpsum of Rs 30,000 40,000 and Rs 5,000 10,000 per appearance provided he/she is a veteran. Juniors are given only Rs 3,000. Many non judicial employee earn Rs 500 750 per case.
On the other hand, filing a consumer case is also not easy. idea behind consumer courts was speedy justice to consumers without going to court or lawyers. Grievance written on a piece of paper was also accepted. But, no longer, says Bangalore based consumer activist Y G Muralidharan. courts were not supposed to charge fees also. But, now they levy a fee. The fee is not huge, but there are all sort of canada goose outlet store quebec claims asked for. If you claim for Rs 500, it does not make sense to pay Rs 200 as fee. This norm was part of the third amendment of canada goose outlet online store review the Consumer Protection Act in 2011.
Canada Goose Coats On Sale Add to that money is also charged for expenses for stamps and envelops. Muralidharan remembers a client case wasn’t notified for three months after filing the complaint because they did not have funds for buying postal stamps and envelops. He then filed 10 15 RTI applications to find out if other courts were also charging for stamps and envelops and all confirmed they do. Then, lawyers charge over and above the pre decided fee if you win the case based on the compensation received. Canada Goose Coats On Sale
The process to file a complaint is also very technical. Complaint should be typed, double spaced, with at least one and a half inch margin on canada goose premium outlet all sides. Also complaint related documents should be arranged in a particular order, without which it wont be accepted. And the documents should be numbered. There should also be a content index prepared giving the page number(s) of each document. And this is after the laws have been streamlined.
Then the problem arises if you want to fight your own case. The Consumer Protection Act allows complainants to fight their own case. However, lawyers and judges discourage this. Firstly, you should be in the know of all nuances of consumer law to appear for the case. canada goose outlet in canada The dearth of good consumer lawyers, expensive civil lawyers, has added to the problem. When you appear on your own, there are higher chances of the court adjourning the case frequently and the judge constantly requesting you to take a consumer lawyer’s help, say experts. And lawyers also do not let the case proceed if you haven hired one. Result: complainant will be so frustrated with adjournment that he/she will either quit or hire a lawyer.
would advise taking help of a lawyer because of the time taken for each case, says Wavikar.
On an average, a consumer court case takes three years to get over with at least 30 40 dates each. isn’t possible for any one to leave their business 30 40 times to fight a case, he points out.
Canada Goose Jackets In regular courts, ex parte orders are also given if any of the parties is unable to make it due to some reason. Canada Goose Jackets
uk canada goose Vasanth Kumar Parigi, managing trustee of Consumer Education Centre, Bangalore, says the orders given by consumer courts are not taken seriously as there is no one to see if the orders are being carried out. case an arrest has to be made in a consumer complaint, the civil court has to give the arrest order. That has its own procedure. This means despite an order in hand, the consumer has to do the running around for implementation, which is something the consumer court could follow up on but often does not, he said. uk canada goose
consumer forum didn have the money to send notice to the defendant Bangalore based Shakuna N is fed up with the Karnataka State Consumer Dispute Redressal Commission. She has been to the court nine times in the past two years for a case she has filed. She has all the documents ready, which can help her win the case, but the case canada goose outlet las vegas is still dragging on. The next hearing is on the 21st of this month.
canada goose clearance sale Shakuna case is simple: Her digital camera battery compartment had been faulty since the canada goose outlet parka time she bought it two years ago. Shakuna approached the showroom from where she had bought the camera to get the problem rectified or get it replaced. The executives at the showroom told her that the camera was working fine and returned it to her. However, the next time Shakuna tried to use the camera, battery problems would erupt. She would go back to the showroom and the executives would tell her all is fine the camera. This happened a couple of times. canada goose clearance sale
Canada Goose Online Then she had to go abroad on a three month trip. was on a important trip abroad and the battery compartment started troubling me again, she recalls. Soon after she returned from the trip, Shakuna went back to the showroom. But they refused to repair the camera saying something must have gone wrong when it was being used abroad. The company also refused to replace it. Canada Goose Online
canadian goose jacket Shakuna approached the state consumer forum. She filed the case and was to appear for herself. A month later when Shakuna checked the status of her case, she was told the opposite party was yet to be informed! The consumer forum allocation had been cut and so the complainant needed to provide for stamps and envelope. When Shakuna enquired about this new norm, she learnt this was being done at the court’s level. canadian goose jacket
not that you can just pay and get away. I was given the exact stamp denomination and asked to buy stamps, envelop and even send it to the opposite party. If you request the consumer court employees to help you buy and mail the notices, they say they cannot take money because Consumer Protection Act does not ask the complainant to incur this cost. As a result, getting the notice made and sending was delayed by two months, which should be done in 15 days, Shakuna recalls.
Additionally, there is no fix on the value of stamps required for this purpose. remember I was asked to buy stamps worth Rs 25, at the same time another gentleman was asked to buy stamps worth Rs 75 and a third person was told the court will do the needful. If you question, you are threatened that your case will not be taken up, she says.
canada goose uk outlet The judge always asks to summarise the case in a minute. Once Shakuna and the opposite party are done, she says, the next date for hearing is given and the file is closed for the day canada goose uk outlet.
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In the Virgin Islands, a steep drive up a mountainside in St. Thomas takes you to a community called Anna’s Retreat. At the very top of the hill there’s a house owned by Hophni Martin. An affable man, he laughs as he explains that his name comes from scripture.
“You’ll find it in 1 Samuel,” he says. “I’m not a Bible man, but my father canada goose outlet ontario was. He gave us the name.”
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It wasn’t until March, six months after the hurricanes hit, that FEMA launched this program on the island.
“What we’re trying to do is we want to give them a functioning kitchen, a place to www.canadagoosessale.org sleep and a functioning bathroom,” says Brent Hazzard, who supervises some of the work crews.
Nearly nine months after the hurricanes, in the Virgin Islands recovery is going slower than many expected. Fewer than 100,000 people live on the three major islands St. Croix, St. John and St. Thomas. But, as hurricane season begins, most in the Virgin Islands say they’re not ready.
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Blue tarps covering damaged roofs are still goose outlet canada visible all over the Virgin Islands. “More than three quarters of our population received some type of hurricane damage. That means that we’re actually in a precarious state when it comes to housing right now.”
Even in the best of times, affordable housing is a scarce commodity. Construction costs are much higher here than on the mainland. Because of that, Griffith says the FEMA funded repairs, capped at $25,000, don’t cover even the full cost of replacing a roof.
“It’s about $40,000 to replace an average size roof,” he says. “And if you’ve seen the terrain in St. Thomas, a lot of our homes are on hills. So, not only do you have to ship it in, then you have to go on a hill and you have to get a crane and all that stuff while it’s on a sloped embankment. Virgin Islands, Health Care Remains In A Critical State
Construction costs are even higher on St. John, a small, beautiful island accessible from St. Thomas by ferry. On the eastern end of St. John, residents in the community of Coral Bay have struggled since the storm for basic necessities like power and phone service.
Myrtle Isaac is canada goose outlet factory a caseworker with a local foundation and her husband is the pastor of Emmaus Moravian Church in Coral Bay.
canada goose coats on sale “That is where we were living,” she says, pointing to a large three story stone building, the church’s Fellowship Hall. canada goose coats on sale
During the storm, the roof of that building and the church were blown away and still haven’t been replaced. FEMA is working with the church on a plan to repair the buildings, and Isaac and her husband found temporary quarters nearby. But many of their church members aren’t as fortunate.
canada goose factory sale “Some are living in tents,” she says. “Some still, canada goose outlet website legit they have the cover, the tarps, you know. They don’t want to canada goose outlet go to a shelter.” canada goose factory sale
On St. John and St. Thomas, people are living in homes where roofs, windows, even walls are missing, using blue tarps to keep the elements at bay. For many, Isaac says, the FEMA repair program is no help at all.
“You have to have walls, four walls up in order for them to repair your place,” she says.
Canada Goose sale A survey of homeowners in Coral Bay found that, as hurricane season begins, one fifth of them don’t have a safe place to stay. More than one quarter also report they canada goose outlet paypal don’t have phone canada goose outlet real service or any way to call 911 in case of an emergency Canada Goose sale.
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