From: Shri. A D Gaikwad
Designated SPM, Karajgi,
2/38 Old Mill compound,
Subject: Regarding legal service.
I have to file case in the "District Forum" claiming cost of litigation & consequential loss therein. I am narrating the case in brief as follows.
1. My O.A. No. 213/2013 has been dismissed by order dated 10.01.2014 without any cost and relief.
2. The said order dated 10.01.2014 of the Tribunal was communicated to me by the Tribunal vide letter No. No.CAT/MUM/JUDL/O.A. 213/2013/543 dated 22.01.2014.
3. I submitted representation 22.01.2014 to the Respondent No.3 for implementation of the final order dated 10.01.2014.
4. The Respondent No.2 presented Misc. application dated 13.02.2014 before the CAT, Mubai bench for correction in the judgment and order dated 10.01.2014 IN O.A. 213/2013 with pray substituting text Sub Post Master instead of Sr. Post Master in the said judgment.
5. The Tribunal allowed said M.A. and registered it under No. 154/2014 IN O.A, 213/2013.
6. I lodged grievance on Government portal pertaining to the Ministry of Law & Justice, Department of Justice. My Grievance has been registered on this portal vide DEPOJ/E/2014/00514 on 17th June, 2014. The said case has been forwarded to the Member Secretary, National Legal Services Authority, 12/11, Jam Nagar house, Shahjahan Road, New Delhi-110011 vide O.M. No L-19017/14/2013-jus dated 23rd June, 2014.
7. The Tribunal modified said final order on 10.04.2014 by substituting text Sub Post Master instead of Sr. Post Master in the said judgment. My advocate was not attended scheduled hearing dated 10.04.2014.The said modified order was communicated to the Respondent No.2 by the Tribunal vide letter No. CAT/MUM/JUDL/O.A. 213/2422 dated 21.04.2014. Accordingly the Respondent No. 3 communicated copy of modified judgment to me by letter No. B1/ROT TFR/ADG/RPEN/12-13 dated 26/27.06.2014.
8. I have lodged grievance on Government portal pertaining to the Ministry of Personnel Public grievances & Pension, Department of Personnel and training. My Grievance has been registered on this portal vide DOPAT/E/2014/01019 on 23rd March, 2014. It is not disposed of yet.
9. I am in possession two copies of “Final Order” with same dated 10.01.2014. i.e. (1) Copy of final order dated 10.01.2014 in O.A. No213/2013 communicated by the Tribunal vide No.CAT/MUM/JUDL/O.A. 213/2013/543 dated 22.01.2014. And (2) copy of final order dated 10.01.2014(same dated) communicated to me vide No. CAT/MUM/JUDL/O.A. 213/2422 dated 21.04.2014 modified after substituting aforesaid text in the judgment.
10. I am of opinion that both order of the Tribunal are in force at this juncture i.e. copy of final order dated 10.01.2014 communicated by the Tribunal vide No.CAT/MUM/JUDL/O.A. 213/2013/543 dated 22.01.2014 and copy of final order same dated 10.01.2014 communicated by the Tribunal vide No.CAT/MUM/JUDL/O.A. 213/2013/2422 dated 21.04.2014. In my opinion previous final order shall have to be quashed or superseded for survival of succeeding final order which is modified on 10.04.2014 by the said Tribunal.
11. The term “Final Order” is not defined in the Section 3 of the CAT Act, 1985. Therefore if the defective judgment dated 10.01.2014 has been corrected on 10.04.2014 by Member (J) of the Central Administrative Tribunal, Mumbai bench, Mumbai then I am of opinion that he is liable to pay compassion for delivering defective judgment dated 10.01.2014 in my O.A. No. 213/2013.
12. I wish to file complaint in the "District Forum" claiming cost of litigation & consequential loss therein. But Section 32 of the Central Administrative Act, 1985:- stipulates No suit, prosecution or other legal proceeding shall lie against the Central or State Government or against the Chairman, Vice-Chairman or other Member of any Central or Joint or State Administrative Tribunal, or any other person authorised by such Chairman, Vice-Chairman or other Member for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made there under.
A. The CAT Mumbai bench has modified its final order dated 03.08.2012 passed in my O.A. 430/2012 entertaining to M.A. No. 266/2012 for modification in the judgment filed by the Respondents. Now the CAT Mumbai bench has modified its final order dated 10.01.2014 passed in my O.A. 213/2013 after lapse of period of three months by entertaining to M.A. No. 154/2014 for correction in the judgment filed by the Respondents. Rule 24 (a) (iii) of the Central Administrative Rules of Practice, 1993:- stipulates that proper care is taken to maintain dignity and decorum of the court. But if the Hon,ble CAT frequently modifies its final order then whether is it said that everything is being done in good faith by Member of Central Administrative Tribunal in pursuance of this Act and rule?
B. Whether the Central Administrative Tribunal, Mumbai bench, Mumbai is "appropriate laboratory" as defined in Section 2 (1) (a) of the Consumer Protection Act, 1986?
C. Whether I may be defined as "complainant” as per Section 2 (1) (b) of the Consumer Protection Act, 1986?
D. What are the entire charges that I would have to be pay for availing legal services by your forum?
(A D Gaikwad)