Wednesday, September 16, 2009

Update: 16/09/2009

I  have no updates to give today as I guess I have to bid time for the 21 days to pass.  I also was looking at the various comments and generally all of them were on the possible next steps.  So here I am outlining the various possibilities:
Going to RBI: The tricky thing about going to the RBI (filing a complaint with the ombudsman) is that you can file a complaint only if you not done so in any civil court (as given on their website).  But it does not state if you can got to a civil court after you have filed a complaint with the ombudsman nor it specifically says anthing about a 'consumer court'.  Also the ombudsman can be approached only after 30 days (like the 21 days for a consumer court).  So I did the next best thing - that is write to the Dy. Governor of RBI as a letter instead of a complaint.  I am not aware of what happened on that front as I have got no feedback.  But I guess the RBI wont take it so lightly and something must be happening in the background.  Aslo since it does not specify anything about 'consumer court' I think I will file a case with the ombudsman after filing it with consumer court and before filing a defamation suit / other civil suits in the civil court.
Civil Courts: The decision is to whether to file a private petition or a Public Interest Litigation (PIL) - the advantage with PIL is that it wont clash with the RBI rule and also since it is in the interest of the public the case will be more readily accepted.  The flip side is that if the Judge feels prima facie it is not 'serious' enough, it wont be even entertained.  Of course there is nothing stopping from then filing a private petition.  But the other thought is if a consumer court takes say 6 months to give a judgement and then a PIL is filed, it will be much more potent.
Consumer Court: I am just biding time and as soon as the waiting period is over it is going to be filed.  And the relief going to be asked will be so unique and so selfless that the court will have no other option but just to bargain on the specificities.
Press: I guess the press should be leveraged once the cases are filed so that they too have more interest in the proceedings.

1 comment:

  1. After reading your blog, I think you must go through the consumer court or the Ombudsman since these two are much more stronger to deal with such issues. In civil court cases may be a drag!

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