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CONDONATION OF DELAY PETITION PLEA SAMPLE DRAFT


BEFORE THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Miscellaneous Petition No. 257 / 2007
Arising out of the Order of Hon'ble Commission,
in Original Case No. CC/____/20__ registered dated __/__/20__, order reserved on __.__.____, pronounced on __.__.20__

A petition under sec. 22(2) of the Consumer Protection Act
and 
In the matter of:
___________
S/o Mr. _____________
R/o ______________
___________________
____________________
____________________                                      ...      Complainant

                                                          Vs.

________ Vidyut Vitran Nigam Limited 
Through its Director/Manager
With its Registered Office at Office _____
(TEMP SDO), ________
___________                                                   ...       Opposite Party



Condonation of Delay Plea Sample showing an effigy with a beam balance and a strip on eyes in blue color

* Condonation of Delay Sample Plea under analysis


To 

The Consumer Disputes Redressal Commission
New Delhi, INDIA

Dear Sir,

The residential house in question where electricity connection was severed illegally on __/__/20__ and atrocities committed by the accused ___________ Vidyut Nigam limited for which I am filing consumer dispute, it is hereby prayed before this esteemed commission to accept my plea for condonation of delay on the following grounds, but not only to limited to them:-

1. In the absence of electricity at my residence at the time the entire family's life got disturbed for which it was not easy to immediately file dispute at this commission and locally available means were resorted to, and it is obvious that without electricity it is almost impossible to fully discharge all duties in the current world in a metro city hence plea is worthy of admission as prayed for.

2. The matter of dispute fully got established on __/__/____ when illegal charges were recovered after all and then only reconnection was made and the illegal act was established by also charging reconnection fees as if fault was of the consumer only and could be made good by consumer only, despite the fact that the consumer can only plead for and cannot sit on the seat and perform the requisite. In other words the entire episode of dispute lasted from __/__/20__ to __/__/____, and from this date of __/__/____ not yet 2 years have passed.

3. Police also relying upon the errant accused staffers considers this act as legal that no bills and notice are required to be served and the electricity department can unilaterally sever the connection as soon as second bill becomes due. The proceedings have to be carried on further hence respite in the form of genuine compensation is the need else consumer loses faith in the system and accept the atrocities against consumer as destiny and fact of life, despite against law but fully abiding as law itself which is extraordinarily grave situation.

4. The damages caused are such that could not be over looked as regards consumer rights and the gravity of the mater calls forth liberalized and pragmatic approach towards the atrocities against the consumer in such a mater as regards household electricity in  a metro town.

On the basis of the overall scenario as well as the aforementioned points it is the need of the hour to allow this petition and is being prayed for.



Yours faithfully,


_______________
Petitioner-in-person
_______________,
_______________
____________________ - _________
Email: ____@____.com|| Contact No.: 91- __________









INDEX

Sr. No.      Particulars                                                                                                      Page Nos.
I           PERORMA FOR FILING CONSUMER COMPLAINTS
II         LIST OF DATES                                                                                          1-2
III        COMPLAINT (NOTARIZED)                                                                     1-5
IV        MEMO OF PARTIES                                                                                  1-2
V         PLEA FOR CONDONATION OF DELAY                                                         1-2        
VI        ANNEXURES                                                                                               1-50
i           Copy of ID card of Darshan Mohan as Advocate                                                 1
ii          15 days notice example in Karnataka state as published in newspaper              2-3
iii         ___________ Vidyut Nigam bill payment receipts                                            4-5
iv         Reconnection charges payment receipt                                                                 6
v          Latest bill before re-connection                                                                            7
vi         Copy of petition for re-connection with the accused entity                                   8
vi         Copy of disconnection slip without consumer receiving with English translation    9-10
vii        Complaint petition to the District Magistrate                                                   11-12
viii       Email receipt of online helpline consumer complaint with the
Union Ministry of Consumer Affairs                                                                     13
ix Complaint with PMO and English translation of the response                      14-15
x Response of the accused regarding complaint of illegal disconnection           16-21
xi Admission and discharge certificates of the victim dweller in house             22-24
x Petition for FIR against the accused with police response(Dated 03/01/18)     25-34
xi Extract of rules of electricity disconnection of the accused itself                    35-36
xii Copies revealing anomalies by the accused entity or opponent                      37-43  
xiii Copy of existence of IT business entities registered at the address               44-50




ANNEXURE

Application for condonation of delay before the court infographics
Add caption



Condonation of Delay FAQ

Q1. What is condonation of delay?

Ans. Condonation of delay is a process where the judicial court condones the delay which has been caused over and above the norms and accepts the petition. 

For the condonation process that the court may follow the petitioner has to make a formal request via filing a condonation application or petition which is generally filed with the main petition.

The court may or may not condone the delay. On many occasions the Supreme Court has cited that authorities like NCDRC are not condoning even marginal delays.


Q 2. What are the charges to file condonation of delay?

Ans. Generally there are no extra charges for condonation of delay application.

However:

  • There may paper charges for acceptance at the registry, as the number of papers increase so does the filing charge.
  • There may me paper charges and like stamp paper charges.
  • The oath commissioner takes their charge for it which is separate than the main petition.
  • Similarly, lawyer may charge nominally or negligibly.

This way the cost of filing condonation of delay application are negligible.


Q3. Is it binding on the court to accept and condone the delay on application?

Ans. No, it is not binding on the court. It is dependant on the court whether to condone the delay or not depending on the circumstances and as it deems fit on their basis. Thus, if you file condonation application it does not mean it will be granted.


Q4. How to get a delay condoned by a court?

Ans. You need to present your case properly and give valid reasons as to why the delay should be condoned. A learned lawyer is always able to create such presentation. Above that, a lawyer who has good is always able to  get through.


Q 5. Can court impose penalty if I make delayed filing and seek condonation of delay?

Ans. Court can do anything regarding this. Courts conduct is before all and we are seeing court impose penalties on petitioners every now and then. Courts may impose penalties and this is what hampers petitions and justice. but court must have their own rationality.



References:




Tags: #Condonation of delay application, #Condonation of delay petition, #Condonation of delay before the court, #Condonation of delay before the Supreme Court, #Condonation of delay before High Court

Sample of  Review Petition against order of National Consumer Forum, NCDRC

Petition against National Consumer Disputes Redressal Commission Order


Consumer Protection cover of umberella depicting by simulation

BEFORE THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Miscellaneous Petition No. 257 / 2007
Arising out of the Order of Hon'ble Commission,
in Original Case No. CC/1042/2018 registered dated 27/04/2018, order reserved on 11.06.2018, pronounced on 13.06.2018
A petition under sec. 22(2) of the Consumer Protection Act
and
In the matter of:
___________
S/o Mr. _____________
R/o ______________
___________________
____________________
____________________                                      ...      Complainant

                                                          Vs.

________ Vidyut Vitran Nigam Limited 
Through its Director/Manager
With its Registered Office at Office _____
(TEMP SDO), ________
___________                                                   ...       Opposite Party




To
The Hon'ble President &
Members of National Consumer Disputes Redressal Commission
NEW DELHI 

May it please your honours: 

An application for the review of the Orders by the Hon'ble Commission, pronounced on **.**.20**, in the light of the facts of the case, mandate of law and the submissions of the Complainant placed before this Hon'ble Commission, on the following grounds:
1.0         That the impugned order was based on the assumption that the amount was unjustified and the complainant had not explained the basis of claim of Rs. 500 crores on account of damages sustained and Rs. 2 crores for mental and physical harassment as the verbatim of the order reveals. The fact is that this vacation bench perhaps inadvertently overlooked the submission made on 28 May 2018 before the hearing that took place on 31 May 2018 which very clearly contains all the aforesaid explanation, and after that again hearing had been adjourned by the previous bench. Thus, this is an apparent gross error on the face of record and the Hon’ble commission has the powers to this effect and for very existence of justice regarding consumer affairs exercise of such review powers is called forth.  ….. Annexure A & B.

2.0         The apparently inadvertent error on the face of record perhaps with notion that the amount is mind boggling would reveal travesty of justice that merely an amount being big is being denied consideration despite a consumer right, despite being fully legitimate and despite being law as the dismissal order itself cites in point number 3 that it is true for the complainant to decide what amount he wants to claim as compensation for the deficiency alleged by him in rendering services to him by the service provider, and further it has been claimed that the amount is wholly illogical or irrational. The rationality can only be adjudged on the basis of the claim presented which was duly presented on 28 May 2018 and the impugned order has no mention of it. Though this is perhaps an inadvertent error but this sends a signal to the whole world that there exists no legal system in India and there is purely state of anarchy or even beyond in the legal domain. Thus review against the impugned order is the requisite.                                                                      
                                                               ……………  Annexure C.

3.0         The impugned order though inadvertent also sends wrong signals to the human community about the legal system that merely 500 crores and 2 crores seem to be mind boggling despite fully legal as point 2 in the order itself states, while for logic it is inevitable if legal system in India has to be evolved with time in these times of globalization. In the United States, which is much a democratic country close to India merely apart from its Commonwealth membership and the conditions arising there from,  a rape victim is awarded 1 Billion Dollars which are roughly Rs. 7, 000 crores (Ref. http://fortune.com/2018/05/24/georgia-womans-1-billion-settlement-may-be-the-largest-u-s-sexual-assault-verdict-ever/). The damages to the rape survivor are not pecuniary and cannot be measured in monetary terms and neither recoverable with money, at least in gross. But pecuniary damages caused to an entrepreneur for his 7 Information Technology and allied business firms combined due to deprivation in home preparation due to lack of electricity is fully justified and is as a matter of fact much below the justification furnished with the commission considering the capacity of the errant entity and ease of settlement with such claim. As court’s verdicts are developmental to humanity of the region the laymen learn from judgments and advance. Indian startups have already proved their potential and Flipkart likes have been sold to the tune of 2, 00, 000 crore rupees. Evolution of legal system in sync with times is called forth. Thus, it would be like undermining India and its people and putting the nation to regression if the order not reviewed.

4.0         In order dated 31 May 2018 the Hon’ble Presiding Member has allowed a chance to explain the case further but as there was no mention in the order to accept submissions the registry had not accepted documents which are also significant as if arguments were possible without submission they would be well made during the same hearing. Thus, it appears that owing to vacations and change of bench such inadvertent error has cropped up and is required to be settled, thus acceptance of review is prayed for.                           ……….    Annexure D.

5.0         It is also evident that the nature of deficiencies by the service provider exist and will definitely continue to exist with all human populace as their pattern is such and consumers will keep suffering damages and no claims made. This is a live scenario before us in this very case and obviously all cases in this pattern where bills are never furnished and avoided, while disconnections made at the service provider’s own free will. This state shows there are no consumer rights at all and when there is no respite from appropriate courts there can never be at all.

6.0         Though the impugned order allows for presentation in any other court with justifiable amount, the amount sought is very much below the justified amount. Above all, there will be no feasibility for an entrepreneur who started with 7 MSME business firms to claim any small unjustifiable amount as exertions in his own field of business will help him fetch higher volumes of money. Hence, observing the claimant and the circumstances it is impossible for the complainant to resort to any other court for a smaller amount and hence his rights will be violated out of non - feasibility.

As this damage gives rise to all life damages violating the fundamental rights and hampering all life development putting the victim consumer in absolute misery the damages have to be made good else they will never be made good in the given scenario and the aggrieved consumer will be bound to lead a sub standard life and the humanity and nation will lose an asset personality.

7.0         It is significant under the circumstances of this case that the errant or opposite party which has performed such a grave misconduct is asked to present its own part and the case proceeds accordingly else the negligent and deficient will get protected and consumer rights shattered ab initio.

P R A Y E R

In view of the submissions contained in the preceding paragraphs the Complainant most respectfully prays the Hon'ble President and Members of the Commission to direct the Opposite Party to:
a) Allow for arrangement for a compensation of no less than Rs. 500 crores as pecuniary damages and Rs. 2 crores for mental and physical harassment or agony to the aggrieved consumer.
b) to pass any other order deemed necessary; for which act of kindness, the Complainant shall, as is duty bound, ever pray.
   
                           
                                                                (Complainant in person)





Tags: #Review Petition #Review Petiton against NCDRC Order
#Review Petition Sample #Review against National Commission Order #Review against Consumer Forum Order #Review against Consumer Commission Order                                  
                                                                                                                                   
 

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Consumer Complaint Sample Draft before Consumer Forum 

 

Draft, Consumer Complaint Sample


COMPLAINT (NOTARIZED)


DATE OF INCIDENT INCEPTION 

__/__/20__

CASE PARTICULARS

With reference to the list of dates and the incidents cited therein I beg to sayeth that being victimized  by the ulterior motives or negligence or what so ever of ________ Vidyut Nigam Limited headquartered in _____, ______ by the way of their severing the electricity connection from the residential parental house at _____________________________ where I used to dwell, without serving any notice or without rendering bills several months prior to electricity disconnection, and refusal to reconnect without bills payment along with illegal additional charges informally so that no one can be resorted to for re-connection. 

The electricity connection could be only restored on 13/09/17 after payment of pending bills for which no prior bills or notice were served along with illegal charges and also illegal re-connection charge, which was to be done as a compromise as my father was hospitalized and was back after treatment on 11/09/17 and for his health electricity had to be restored.

Thus, the atrocities faced along with social dignity damage and financial loss and yet not relenting by Madhyanchal Vidyut Nigam Limited and abetment to make compromise and accept the illegal charges and atrocities for restoration of connection, due compensation is called forth.


RELIEF OR COMPENSATION SOUGHT (in Consumer Complaint Sample)

The amount of compensation sought is no less than Rs. 5,00,00,00,000 (Five Hundred Crore Indian Rupees) based on the following facts:-

1. Suffering caused: Suffering caused to the three member family consisting of Mr ____________ and his son and daughter viz. ______________________  who suffered trauma and got agonized for the tenor during the electricity remain  disconnected by the errant stafferes of _____ Vidyut Nigam Limited, __________

2. Atrocities and Illegalities: ______ Vidyut Nigam Limited unrelented despite several requests and complaints for restoration of the severed connection. Only after realizing illegal extra charges and re-connection charge that the connection was restored.

3. Disrepute to the family: The mass cannot be always aware of the motives and illegalities and about consumer rights and would stigmatize my family with the impression of a family without electricity connection in a metro city central urban region. Mr Darshan Mohan, who was dweller at the place is an advocate hence with the status of officer of the court and his image was maligned by the illegal acts of Madhyanchal Vidyut Nigam Limited.

Further, Mr. Jaya Vijaya is a Social Activist of global repute and electricity deprivation at his house brought him public indignity, yet for such a long time from 06/01/19 till 13/09/17 Madhyanchal Vidyut Nigam Limited was not amused, and it was only after giving in to their illegal stance of overcharge and illegal re-connection fee that the electricity connection was restored.

4. There were seven Information Technology based firms registered at the location of illegal disconnection for which operational and documentary activities were supposed to be carried out at that very place for smooth working. But the purpose of establishing and efficiently running these enterprises got defeated as proper preparation could be made due to electricity deprivation, and financial and credit status was marred, and hence further finance from all possible sources including banks and other Financial Institutions could not be secured promptly, as preparatory and functional activities were hurdled by electricity deprivation at the house, the upper floor of which was determined for the use for secretarial purposes. The damages caused to these seven IT (Information Technology) enterprises which are by nature of the enterprise sector were ultra high yield enterprises, hence even according to the lowest rough estimates extraordinarily high financial losses were also caused along with opportunities passing by. This way, right to livelihood which arises from the constitutional right to life and liberty also got a shot to some extent by the way of electricity deprivation attributable to the illegal misconduct by Madhyanchal Vidyut Nigam Limited, and then also not following the procedure for re-connection even if the fault was committed by them.

5. Severity of the Issue: Please refer to the FIR petition copy as attached with this petition which is self explanatory and reveals illegal misconduct of Madhyanchal Vidyut Nigam Limited.

Based on the above 5 points but not limited to, I pray on behalf of myself and my entire family that an award of compensation be made by the errant Madhyanchal Vidyut Nigam Limited, Lucknow, Uttar Pradesh for Rs. 500 crores which accrues on them because of their illegal and illegitimate misconduct.


ADDITIONAL INFORMATION


The consumer is generally naive and succumbs to the atrocities, hence there is need to establish ideal instances so that the consumer is enlightened and their faith is established in the legal system and the entire ecosystem is strengthened. thus, if the above purpose needs to be attained, due compensation to the law abiding citizen or consumer is inevitable.

INSTANCES OF SOME ANOMALIES/BRIBERIES/ETC. BY ELECTRICITY AUTHORITIES


Examples of electricity authorities' misconduct and damages caused by them to the consumer are given below:-




Tags:
#Consumer Complaint #Consumer Complaint Sample #National Forum #Consumer Forum #Consumer Forum Complaint #NCDRC #Consumer Commission #Consumer Court



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