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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Dinesh Singh, Presiding Member and Karuna Nand Bajpayee, Member
M/s. World Security Printing Press & Taj Exports – Complainant
versus
Central Bank of India – Opp. Party
Consumer Case No.2612 of 2017
Decided on 14.10.2021

Advocates:
Counsel for the Parties:
For the Complainant:Mr. Asutosh Sharma, Advocate, Amicus Curiae for the Complainant (in physical hearing)

Headnote:

Consumer Protection Act, 1986 – Section 21(a)(i) [Section 58(1)(a) – Consumer Protection Act, 2019] – Complaint before NCDRC – Complainant firm is represented through its partner Mr. Jayanti Prasad Gautam - Complaint filed on 05.09.2017 - Numerous proceedings undertaken before Registrar of this Commission till 16.03.2018, defects not removed – No one appeared from complainant’s side on many occasions – Complainant did not cooperate with amicus curiae – 3 amicus curiae appointed - Appears to be clear case of unreasonably insinuating and unpragmatic non-serious prosecution, wasting time and resources of this Commission. (Paras 2, 3, 5 & 6)

Result: Complaint dismissed.

ORDER

This complaint has been filed by Taj Export and World Security Printing Press (complainant) against the Central Bank of India (opposite party). It is listed for hearing on admission. Mr. Asutosh Sharma, advocate appears as amicus curiae for the complainant.

2. The complainant is a firm, represented through its partner Mr. Jayanti Prasad Gautam.

3. A perusal of the record shows that the complaint was filed on 05.09.2017. Numerous proceedings were undertaken before the Registrar of this Commission till 16.03.2018. Defects were not removed.

The case was placed before the bench on 28.11.2018. No one appeared for the complainant. A letter was received by the Registry from the complainant seeking time to remove the objections. The complainant was granted one last and final opportunity to remove the defects within eight weeks.

On 23.04.2019 proceedings were conducted before the Registrar of this Commission. No one appeared for the complainant. Defects were not removed.

The case was placed before the bench on 22.05.2019. On the request of Mr. Jayanti Prasad Gautam, partner of the complainant firm, Ms. K. Radha, advocate was appointed amicus curiae to represent the complainant firm.

On 31.10.2019 Mr. Jayanti Prasad Gautam submitted that the counsel (Ms. K. Radha) appointed for him was not conversant with Hindi whereas he was not conversant with the language of the counsel. Another advocate, Ms. Rekha Aggarwal was appointed amicus curiae to contest the case on behalf of the complainant.

On 28.11.2019 Ms. Rekha Aggarwal, learned amicus curiae submitted that the complainant was not co-operating with her and was not rendering the desired assistance. The complainant was directed to give full co-operation and assistance to the learned amicus curiae. After the order was dictated Mr. Jayanti Prasad Gautam appeared at around 3.30 p.m. and insisted that his case be taken up on a day-to-day basis three times a day, he stated that he did not want any advocate and wanted only the litigation expenses to be borne by this Commission, he also submitted that several other matters had been filed by him and the same have not been listed for want of the statutory deposit. The bench requested that this matter be listed before some other bench subject to orders of Hon’ble President. On the request of Mr. Jayanti Prasad Gautam, partner of the complainant firm, Ms. Rekha Aggarwal, advocate, who had been appointed as amicus curiae, was requested to return all the papers to him.

On 02.12.2019 the case was listed before another bench. Mr. Jayanti Prasad Gautam insisted that the matter be heard thrice a day and on day-to-day basis. He was not ready to cooperate and was creating a scene. The bench directed that the matter be listed before another bench with the permission of the Hon’ble President.

On 10.01.2020 the case was listed before another bench. Ms. Priyanka Paride, advocate appeared with Mr. Jayanti Prasad Gautam. She submitted that she will be filing vakalatnama for the complainant. Mr. Jayanti Prasad Gautam was not satisfied and said that his case should be heard thrice on day-to-day basis. He further stated that the bench will not be able to decide his case. He requested that his case be sent to the Hon’ble President for appropriate orders for sending his case to some other bench.

On 05.02.2020 the case was listed before another bench. Mr. Jayanti Prasad Gautam was present in person. It was ordered that the matter be listed on the date already fixed. Mr. Jayanti Prasad Gautam requested that the next date be modified. His request was acceded to, and the date was modified.

On 12.04.2021 the case was repeatedly called out. No one was present for the complainant. The case was adjourned.

On 07.07.2021 Mr. Asutosh Sharma, advocate appeared for the complainant. He requested for an adjournment of four weeks to inspect the file and to prepare his brief.

4. Today Mr. Asutosh Sharma, advocate submits that he was appointed amicus curiae on behalf of the compla

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