Misrepresentation in DCDRC’s Order, Heckled and Humiliated by Court Official

We will be discussing two incidents over here.

It seems an attempt of character assassination by misrepresentation that led to public defamation has been made in the Order published by DCDRC on 19 July 2024 for the case CC-353-2022.

The orders were not uploaded to the Confonet since 6 May 2024. I’ve filed multiple concerns and complaints in this regard. I only noticed the 19 July 2024 order and the misrepresented statements on the 30th of July 2024 when all the pending orders were uploaded with the final judgment.

‘We failed to understand as to how he took the photograph of the Gate of the Commission. When this question was raised he became annoyed and expressed his angry movement.’

It is extremely important for the complainant (plaintiff) to highlight such behavioral anecdotes that have been formally mentioned in the order copy to correct the statements.

I didn’t became annoyed nor did I expressed it with angry movement.

I’ll describe the whole incident.

I received the Questionnaires from HDFC ERGO on the 10th of July 2024 and replied to them on the 12th of July 2024. I had to submit two documents on the 12th of July 2024.

One of them is “Objection and Response to OP HDFC ERGO 10 July 2024 Petition under the provision of the Consumer Protection Act praying for rejection of the present complaint on the grounds mentioned below.” of case CC-354-2022. Another one is “Reply to HDFC ERGO by Ratul Aich, on Written questionnaires put to Complainant as Cross Examination on behalf of the Opposite Party above named.” of case CC-353-2022.

At the time of the hearing on 10th July 2024. I’ve been instructed by the President to submit the notarized copy of the document.

I thought the “Objection and Response to OP HDFC ERGO 10 July 2024 Petition under the provision of the Consumer Protection Act praying for rejection of the present complaint on the grounds mentioned below.” of the case, CC-354-2022 needs to be notarized.

However, on the 12th of July, it was clarified to me at approximately 4:20 PM that on the 10th of July 2024, I had rather been instructed to submit the notarized copy of the “Reply to HDFC ERGO by Ratul Aich, on Written questionnaires put to Complainant as Cross Examination on behalf of the Opposite Party above named.” of case CC-353-2022.

I’ve been affirmed by the bench that they will be available till late in the court premises and have been asked to get it notarized. I’m a pro-se-litigant, so I did as the bench asked me to do. I rushed to the Session Court of Barasat. Get the document notarized and returned to the DCDRC at approximately 5:29 PM only to find it closed. Therefore, I took some photos of the closed gates. The next day, I sent the documents by registry post RW780882399IN and informed DCDRC by the following email.

from: ratul aich <ratulaich@gmail.com>
to: confo-pn-wb@nic.in
date: Jul 13, 2024, 12:57 PM
subject: Replying to HDFC ERGO Questionnaire notarized copy CC-353–2022 sent by registry post
mailed-by: gmail.com

CC/353/2022.
Replying to questionnaire by OP HDFC ERGO.
The Hon’ble President DCDRC, Barasat asked me to submit a notarised copy of the document on 12 July 2024. However, when I returned at around 5:30 p.m. the court has closed, therefore sending the document by registry post.
DCDRC, Barasat, North 24 Parganas Copy sent by registry post RW780882399IN.

Regards,
Ratul Aich

Unfortunately, the registry post sent to DCDRC was still on the way as the 19 July 2024 hearing began. It is during the hearing the President questioned me about the documents, I was expected to submit on 12 July 2024 after getting it notarized. I explained to him the incident of 12 July 2024, that on returning from notarize office located in Session Court, Barasat, I found DCDRC closed. So, I decided to send the documents by registry post on 13 July 2024 as there was quite a good number of days between the upcoming hearing date on 19 July 2024. It is unfortunate that the local registry post is taking longer than expected. The President didn’t belive my words of revisiting the DCDRC only to find it closed. In my clarification, I showed him the photographs of closed DCDRC taken on 12 July 2024 and showed him the time stamps. The President also stated, that he was available till late evening in the court premises. I looked around pondering about another route he might be using to reach to his chamber if in case the front shutter is closed as it was on 12 July 2024.

In the meantime, a DCDRC official sitting nearby heckled and humiliated me.

His words, ‘He often takes photographs’, ‘He got a habit of taking photographs’, ‘Why did your took photo of a Government Establiment?’ etc. To which I get distracted and tried to reply to him that I’m a Visual Communication professional and Pursuing Mass Communication and Journalism, therefore taking photographs is a routine practice. The President seen me distracted scolded me in front of everyone to which I apologise.

Later I raised the issue of indecent behaviour with the plaintiff in court premises by the clerk spoiling the decorum of the court right in front of the President as such a behavior is considered professional misconduct which surfaces a lack of humility towards fellow people in court.

I failed to understand, in all of it, which scenario has been misinterpreted to state that the complainant became annoyed and expressed his angry movement?

Agitation and annoyance are human reflexes. The fight-flight-freeze-or-fawn is also called hyperarousal or the acute stress response. It is a physiological reaction that occurs in response to a perceived harmful event, attack, or threat to survival. The court was full of feeble eyewitnesses because everyone including me was dependent on the Bench to find justice. I would have acknowledged if anything of that sort had been done by me. Having said that, I’d assert that the statement made in the Order of 19 July 2024 ‘We failed to understand as to how he took the photograph of the Gate of the Commission. When this question was raised he became annoyed and expressed his angry movement.’ is misrepresented by the DCDRC Bench.

Here are the three photos taken at 17:29 on 12 July 2024.

Copy of the DCDRC’s Order on 19th of July 2024.

DCDRC North 24 Paraganas Barasat
Kolkata-700126.

Complaint Case No. CC/353/2022

RATUL AICH
Vs.
HDFC ERGO GENERAL INSURANCE COMPANY LIMITED

BEFORE:
HON’BLE MR. Daman Prasad Biswas PRESIDENT
HON’BLE MR. Sri Abhijit Basu MEMBER

PRESENT: Dated : 19 Jul 2024

Order
DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. №353/2022

P R E S E N T :- Sri Daman Prosad Biswas………President.
:- Sri. Abhijit Basu………………. Member.

Order №21

Dated.19.07.2024

Today is fixed for filing reply by the Complainant and filing evidence by the O.P.

Complainant in person is present.

Ld. Advocate for the O.P is present.

Complainant submits that he came to this Commission on 12/07/2024 at 5:29 p.m. but he could not submit the same as office time was over. He further submits that he took photograph of the Gate of this Commission.

We failed to understand as to how he took the photograph of the Gate of the Commission. When this question was raised he became annoyed and expressed his angry movement.

He further submits that he already sent the same by post.

At this stage O.P filed affidavit — in — chief. Copy served upon the Complainant.

To 22/07/2024 for filing questionnaire by the Complainant.

Member President

C.C. №353/2024

LATER

Dated.19.07.2024

It is now 4:55 p.m. Office of this Commission received one e-mail sent by Complainant through internet.

Let it be kept with the record.

Member President

[HON’BLE MR. Daman Prasad Biswas]
PRESIDENT
[HON’BLE MR. Sri Abhijit Basu]
MEMBER

Copy of the Complaint made to DCDRC, SCDRC and NCDRC for Heckling and Humiliating the Plaintiff (Complainant) by a Court Official.

A hardcopy of the following letter has been submitted in court on 24 July 2024 and the same has been served to the OP HDFC ERGO’s onfloor advocate.

from: ratul aich <ratulaich@gmail.com>
to: confo-pn-wb@nic.in,
dr.ncdrc@gov.in,
ncdrc@nic.in,
wb-sforum@nic.in
cc: Prof Arul Selvan IGNOU MAJMCOL <ksarul@ignou.ac.in>,
“Dr. Amit Kumar Assistant Professor” <amitkumar@ignou.ac.in>,
Ms Padmini Jain Assistant Professor MAJMC Coordinator IGNOU <padminijain@ignou.ac.in>,
“Dr. Shikha Rai Associate Professor MAJMC Coordinator IGNOU” <shikharai@ignou.ac.in>,
confo-rh-wb@gov.in
date: Jul 19, 2024, 3:54 PM
subject: Verbally Humiliated by an Official in Court DCDRC Barasat — Formal Complaintmailed-by:gmail.com

Hi,

CC/353/2022.

Subject — Verbally Humiliated by an Official in Court DCDRC Barasat in front of President — Formal Complaint.

I’m an BSc Graduate in Visual Communication with approximately 15 years of experience in User Experience served as a Principal Consultant (Sr Manager level) of UX in Harman Connected Services (2016–2017), and pursuing MA Mass Communication and Journalism. I’ve all the reason to live with dignity and exercise the academic skills and practices.

Today on 19 July 2024, I appeared for CC/353/2022 hearing. It is during the hearing I’ve been asked to give reason to not submit a document on 12 July 2024. To which I answered that as I’m a pro-se-litigant layman and as the President DCDRC, Barasat, directed me on 12 July 2024 at around 4:20 PM (approximately) to get the documents notarized, I returned around 5.30 pm from the District Court, Barasat, and found the court premises closed. I took some photographs of the closed premises as evidence and on the next day, I sent the documents by registered post as I thought the locally sent registered post will reach the court in 2–3 days.

Today, I’ve been humiliated and heckled on the floor of court by one of the clerks/official in front of the President.

The President was enquiring about the reason for not submitting the documents on 12 July 2024. I was showing the President the photographs to affirm that I did visited the court after notarising the documents on 12 July 2024 but it was closed.

One of the clerks (Local name Hala da) was continuously heckling and taunting me in front of the President. His words, ‘He often takes photographs’, ‘He got a habit of taking photographs’, ‘Why did your took photo of a Government Establiment?’ etc. To which I get distracted and tried to reply to him that I’m a Visual Communication professional and Pursuing Mass Communication and Journalism, therefore taking photographs is a routine practice. The President seen me distracted scolded me in front of everyone to which I apologise. But I’d like to raise the issue of indecent behaviour with the plaintiff in court premises by the clerk spoiling the decorum of the court right in front of the President. This surface lack of humility towards fellow people in court and professional misconduct. Professional training to behave properly in court premises must be evaluated.

I’ve not seen him humiliating by heckling anyone else, then why is such an attitude taken towards me? Is it premeditated or an outcome of a conversation (gossips) behind my back.

Therefore greaving over this incident, I’m complaining this to the respective authority and I’d request you to evaluate the training for professional conduct given to officials in court premises as such indecent behaviour is concerning to the layman plaintiffs visiting court.

I’ve already complained about discrimination to the President, DCDRC, Barasat, in writing, in case CC/354/2022.

Regards,
Ratul Aich

First in the series is Judicial Investigation Friendly Digital Systems, Judibility. (Link)

Previous in the series are the Questionnaires by HDFC ERGO in CC-353–2022. (Link)

Next in the series is, AFFIDAVIT-IN-CHIEF by HDFC ERGO CC-353-2022. (Link)