After the court's stern admonishment to Exide at the last hearing, I really thought today was the day when my arguments were finally going to be heard (since Exide has made no attempt to settle in the meantime).
But I didn't expect today's strategy. The lawyer sent his minion to say that he was "on his way", so my case was passed over. Then I was called again at the end, when he had still not arrived. I requested the bench to hear my arguments, but they said it wasn't possible today (apparently because only two judges were there, and the panel's composition would be changing again). So they gave me a date one month later, and I left… and two minutes later, the Exide lawyer walked in. But even though I saw him and turned back, the two judges were already getting ready to leave, and weren't inclined to tarry.
Oh well.
Exide's lawyer, who had asked for an extra two weeks at the last hearing, today asked for another three weeks because the Exide head office in Kolkata has not yet approved my offer for settlement.
The forum members took a dim view of this delay, and grilled him a bit, upon which he promptly changed his story and claimed that my offer was unreasonable, so he didn't know yet if it was possible to settle or not. They finally agreed to give him a last chance at reaching a settlement.
Really final hearing in April.
In my last hearing at the consumer forum, I was asked to present oral arguments again today. The Exide chap also asked me for my phone number so that the lawyer could discuss a settlement. He never called.
I wondered if they'd try to spring it on me in court today, and that's exactly what they did. Their lawyer (the same one who wrote the response to my complaint) waited until the last possible moment to ask me what it would take to settle, so that when my case came up for hearing, he could say he wanted to discuss a settlement, and I would be unprepared.
I protested to the bench that it was a delaying tactic, but that made me look unreasonable (just as he wanted, I'm sure). I eventually did agree to another hearing in two weeks to see if we can reach a settlement.
When he asked me what I wanted, I referred him to my complaint, which he dismissed as being “always exaggerated”. I said I wanted all three batteries replaced, plus compensation amounting to a bit less than what I had originally asked for. I also said I was very offended by what they had said about me in their response (“unclean hands” etc.), and he said that's “just a part of litigation”.
Anyway, he went off saying he would try to “bring some harmony” between Exide and me. Meanwhile, I will prepare my oral arguments again, based on what I learned from listening to a somewhat disorganised lawyer presenting hers in court today. I learned a lot about what not to do, and what the forum members look for.
I went to the consumer forum today, expecting nothing more than the last rites for my case, considering the notice I received. But when I was called up, the president of the forum listed the case for arguments (i.e. to be handled right at the end). I mentioned the notice, but they said that since the bench had changed, the matter would have to be heard again. (The president was the one who was present when I first appeared, and not the one who admitted my arguments. The other two members were the same.)
When I was finally called up again, the Exide guy appeared once again to say that their lawyer was unable to appear, and asked for another month. I protested that the said lawyer had not appeared for four months, but they scheduled oral arguments for a month later. No problem, it gives me some time to prepare.
As I was leaving, the Exide guy ran after me and asked for my phone number. “Why?”, I asked. “Our lawyer asked me to get it. He wants to discuss a settlement.”
Oh, does he indeed?
At my last appearance before the district consumer forum, my oral arguments were admitted and I was told to expect a judgement by registered post (I called up a few days later to find out how long it might take—a month or more).
Yesterday, I received the following:
With reference to your complaint, dated … you are hereby informed/directed as under:
i) That the complaint is not maintainable before this Forum.
ii) To appear before this Forum on 27/1/12 11.00 a.m. to complete the formalities / to reply to some querries [sic].
iii) Your complaint has been forwarded to Distt. Forum 12/12/11 for further necessary action.
I don't understand how (ii) and (iii) can go hand-in-hand, or what further action may be necessary, but the "not maintainable" part is clear enough.
Perhaps I will be told the rationale on the 27th.
My date for oral arguments in the case against Exide was the 10th of November (yesterday), which was a national holiday. I called the consumer forum to find the revised date, and they asked me to appear today.
Exide was represented by the same chap, with the same story: their lawyer was ill and could not attend. I had expected them to try to file written arguments, but they didn't have any. Fortunately, the two judges present were not inclined to postpone matters further. They asked me to state my case, which I did; and they put it up for judgement.
Now I have to wait for the judgement to reach me by post.
Today's hearing at the district consumer forum in my complaint against Exide was for oral arguments. Unfortunately, only one judge out of three showed up, and no quorum was possible while hearing arguments, so they decided to adjourn all arguments to early November.
(Exide didn't show up to today's hearing, at least not by the time I left. So they don't know the date of the next hearing.)
Exide and I were to file written arguments in today's hearing. I filed mine (which was all of two pages long), but Exide sent someone to say that their lawyer was ill and to ask for an extension. This request was rejected without fuss, and the next hearing was set for oral arguments (after which only the judgement remains).
It wouldn't surprise me if Exide tried to file arguments at the next hearing (just as they filed their evidence late), but if so, I will object to their tardiness and repeated failure to comply with court procedure.
I wrote about my Consumer Court hearing on 2011-04-18, at which I filed my response to Exide. The next hearing was on 2011-05-19, but I forgot to mention it here. Exide was supposed to file their evidence, but they did not do so, and thus lost their opportunity to do so. The next hearing was set for today, for "arguments".
I asked a lawyer friend, who said it probably meant oral arguments; so I prepared accordingly. But, after sitting through forty-odd cases, I was asked to submit written arguments. But someone from Exide (the affable but largely clueless chap who has appeared before) was there, trying to file the evidence they failed to at the last hearing. I was asked if I had any objections, and said no. The evidence was duly accepted. Not surprisingly, it's just a rehash of their earlier response, and says nothing new.
Now I have a month to prepare a written argument.
At my last hearing, where I filed my evidence and collected Exide's response, I was asked to file a response on the 2nd of March. As it happened, that was a holiday, and the court was closed. I called up the office the next morning, and was eventually told to appear on 18th April instead.
I showed up today, and found myself #1 on the cause list. When I was called up, a lawyer from Exide (not the guy who wrote the response, but someone on his behalf) appeared as well. I filed my response and gave him a copy. The next hearing is a month later. Exide will file their evidence and give me a copy.
I wonder how many more two-minute appearances are in store.