Saturday, April 5, 2025

APPLICATION FOR SEEKING PERMISSION TO TRAVEL ABROAD

 BEFORE THE HON’BLE [Name of the Court] COURT, [City]

[Case Title]
Case No: [XYZ]

APPLICATION FOR SEEKING PERMISSION TO TRAVEL ABROAD

MOST RESPECTFULLY SHOWETH:

  1. That the Applicant is an accused in the above-mentioned matter pending before this Hon’ble Court.

  2. That the matter is currently at the stage of [mention the current stage – e.g., trial/investigation/arguments etc.].

  3. That the Applicant seeks permission of this Hon’ble Court to travel outside India to [mention country/countries] from [date of departure] to [date of return] for the purpose of [mention purpose – personal/medical/employment/family emergency etc.], the details of which are as follows:

    • Destination: [Country/City]

    • Purpose of Travel: [Brief description]

    • Duration of Stay: [Start Date] to [End Date]

    • Travel Itinerary: [Attach if available]

  4. That the Applicant undertakes to:

    • Furnish the complete travel itinerary and contact details during the stay abroad.

    • Return to India on or before the said date without fail.

    • Not seek any adjournment during the period of travel and/or ensure representation through counsel.

    • Submit a copy of the passport and visa, along with any other document as directed by the Hon’ble Court.

    • Comply with all the directions and conditions imposed by this Hon’ble Court.

  5. That the Applicant has never misused the liberty granted by this Hon’ble Court and undertakes to remain compliant with all terms and conditions.

PRAYER:

In view of the foregoing, the Applicant most respectfully prays that this Hon’ble Court may kindly be pleased to:

  • Grant permission to the Applicant to travel abroad to [Country] for the period [Start Date] to [End Date], and/or

  • Pass such other or further orders as may be deemed just and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE APPLICANT SHALL EVER PRAY.

[Place]
[Date]

Through Counsel
[Name of Advocate]
[Enrollment No.]
[Address]
[Phone/Email]

Tuesday, April 1, 2025

Consumer Commission in West Bengal is acting like a "Muhalla Legal Aid Clinic", it indicates a serious deviation from its intended role under the Consumer Protection Act, 2019

 Consumer Commission in West Bengal is acting like a "Muhalla Legal Aid Clinic", it indicates a serious deviation from its intended role under the Consumer Protection Act, 2019.

Why Is This a Problem?

  1. Consumer Commissions Have a Defined Legal Role:

    • Consumer Commissions are quasi-judicial bodies meant to adjudicate consumer disputes, not function as informal legal aid clinics.

    • They must conduct hearings, examine evidence, and issue legally binding orders.

  2. Lack of Proper Proceedings & Orders:

    • If the Commission is not following proper judicial procedures and instead acting like a local dispute resolution forum, it can undermine consumer rights.

    • Orders passed under such informal settings may lack legal standing and can be easily challenged in higher forums.

  3. Denial of Due Process:

    • Consumers are entitled to a structured legal process with clear arguments, documentary evidence, and reasoned orders.

    • A casual, advisory approach can result in cases not being properly decided.

  4. Government Negligence in Strengthening the Commission:

    • The state government is responsible for ensuring fully functional commissions with appointed Presidents and qualified members.

    • The current situation suggests that the Consumer Protection Mechanism is being diluted in West Bengal.

What Can Be Done?

 

What Can Be Done?

  1. Filing a Legal Challenge:

    • If a Presiding Member is acting as President without proper appointment, an appeal or writ petition can be filed challenging their authority.

  2. RTI to Obtain Appointment Details:

    • File an RTI seeking clarification on:

      • Who authorized the Presiding Member to act as President.

      • Whether there was a proper appointment order.

      • Any government action to appoint a lawful President.

  3. Escalating to National Consumer Commission (NCDRC):

    • A complaint can be filed with the NCDRC or the Ministry of Consumer Affairs regarding the improper appointment practices in West Bengal.

Presiding member cited as President in Charge is not lawful and adhered to the Consumer Protection Rules

 Presiding member cited as President in Charge is not lawful and adhered to the Consumer Protection Rules

Why is it Unlawful?

  1. Legal Requirement for Appointment:

    • The President of a Consumer Commission must be appointed as per the prescribed procedure by the appropriate state or central authority.

    • A Presiding Member does not automatically assume the role of President, unless explicitly provided for in the law or through a valid appointment process.

  2. Violation of Consumer Protection Rules:

    • The Consumer Protection (Qualification for Appointment, Method of Recruitment, Procedure for Appointment, Term of Office, Resignation, and Removal of the President and Members of the State Commission and District Commission) Rules, 2020, outline the exact process for appointing Presidents.

    • If a Presiding Member is designated as ‘President In-Charge’ without proper legal backing, it goes against these rules.

  3. Impact on Legitimacy of Orders:

    • Decisions made under an unauthorized ‘President In-Charge’ may be challenged in higher forums for lack of jurisdiction.

    • This can further delay justice for consumers and lead to unnecessary legal complications.