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Showing contexts for: agent defined in C. Venkatachalam vs Ajitkumar C. Shah & Ors on 29 August, 2011Matching Fragments
11. These appeals have been preferred before this court against the impugned judgment.
512. A two-judge Bench of this Court on 21.2.2007 referred these matters to a larger Bench in view of the importance of the matter. The order dated 21.2.2007 reads as under:
"The basic issue involved in these appeals is whether a person under the purported cover of being an "agent" can represent large number of persons before the forums created under the Consumer Protection Act, 1986 (In short the `Act') and the Rules made thereunder. According to the appellant Rule relating to agents cannot be used to by passing stipulations under the provisions of the Advocates Act, 1961 (in short the `Advocates Act'), more particularly under Sections 29, 31 and 32. Rule 2(b) of the Consumer Protection Rules, 1987 (in short the `The Rules') defines an `agent' as under:
42. The issue is - Do the Rules permit a party to have an `Agent' for merely presenting the papers on its behalf or can the Agent even act and argue?
Maharashtra Consumer Protection Rules, 1987 7 Rule 2(b) defines an Agent to mean "a person duly authorized by a party to present any complaint, appeal or reply on its behalf before the State Commission or the District Forum."
(8) An authorised agent may be debarred from appearing before a Consumer Forum if he is found guilty of misconduct or any other malpractice at any time."
71. Mr. Bharat Sangal, learned counsel appearing for the respondents submitted that Maharashtra Consumer Protection Rules, 2000 defines `agents'. The authorized agents can appear on behalf of complainant in consumer fora.
72. Mr. Sangal also submitted that when the legislature permits the authorized agents to appear, then they cannot be restrained from appearing before the consumer fora.
81. The other reason is that a large number of litigants may not be able to afford heavy professional fees of trained advocates, therefore, authorized agents have been permitted.
82. It is the bounden duty and obligation of the Court to carefully discern the legislative intention and articulate the same. In the instant case we are not really called upon to discern legislative intention because there is specific rule defining the agents and the provisions of permitting them to appear before the Consumer Forums. The agents have been permitted to appear to accomplish the main object of the act of disposal of consumers' complaints expeditiously with no costs or small costs.