Super Lawyer

Tag: Consumer

  • “One should always state the truth before the court and making incorrect statements or half truths before the court should be completely avoided”- Advocate Chandrachur Bhattacharyya

    “One should always state the truth before the court and making incorrect statements or half truths before the court should be completely avoided”- Advocate Chandrachur Bhattacharyya

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you please share with us what motivated you to pursue a career in law, particularly specializing in areas such as consumer protection, banking disputes, and money laundering prevention?

    The idea of arguing in a court of law fighting for justice for the client appealed to me. It is a powerful profession wherein the work you do can have a huge impact positively on others as well.  The judgments which are rendered by the courts have the potential of having an all India impact and it gives a sense of satisfaction. 

    Your work has had a significant impact on consumer rights, as seen in numerous landmark cases handled by you.  What inspired you to champion the cause of consumer protection in your legal practice?

    When you are taking up cases for consumers against a service provider which are large corporate entities , you are essentially fighting for the weaker party against a stronger party having superior bargaining power. The service providers  have more financial resources at their disposal and often engage the best of lawyers and have the best in-house legal teams,  thereby making it tough for consumers to get speedy and good quality of  justice. This is one of the reasons why I take up cases for consumers. It is a challenge  to fight cases against a party with more financial strength. 

    With your expertise in navigating complex legal frameworks like the Prevention of Money Laundering Act, could you shed some light on the challenges and strategies involved in handling such cases effectively?

    The only strategy is to go fully prepared to court on facts as well as law for each and every hearing and avoid taking unnecessary adjournments. Completion of pleadings in time is another important aspect. If one has completed the pleadings in time and one is  fully prepared to argue, the bench also appreciates it and it creates a positive impact on the court. 

    You’ve been involved in several high-profile cases that have garnered attention from the press. Can you share any insights or lessons learned from these experiences that have shaped your approach to legal advocacy?

    The lesson learnt is that a laid back attitude is to be avoided and one has to be constantly alert and on one’s toes. Having an enthusiastic approach to work also helps. One should always state the truth before the court and making incorrect statements or half truths before the court should be completely avoided. This helps in gaining the trust of the court. 

    The legal landscape is constantly evolving. How do you stay abreast of changes in legislation and judicial precedents to ensure the best representation for your clients?

    There are many good legal websites like Livelaw,  Barandbench and other newspapers which keep lawyers and the public in general  informed about the latest judgments being delivered by the courts. One must keep reading the articles published in these websites and newspapers to stay updated about the latest judgements and the development in law.  

    One of your notable achievements includes a Supreme Court judgment which laid down the law in favour of homebuyers’ rights overturning the earlier law which was against the homebuyers. Can you walk us through the process of advocating for such a significant legal shift and the impact it has had on consumer rights protection?

    One of the  landmark cases which I handled  was earlier the law. Once a homebuyer accepted possession or executed the sale deed/ conveyance deed, he would lose his right to claim delay compensation from the builder. I was a part of the  SC judgment where this law was reversed in the homebuyer’s favour where homebuyers’ right to claim delayed compensation even after accepting the possession or executing sale deed survives. This judgment was passed in view of the fact that in a consumer dispute the service provider has a superior bargaining power and it often bulldozes its way to get things done the way it wants which are sometimes prejudicial to the rights of consumers. Many service providers have a take it or leave it approach thereby leaving very little for the consumers to bargain on or negotiate with including unfair terms of contract. This judgment will change that. 

    Your career spans 14 years in legal practice. What have been the most rewarding aspects of your journey so far, and what challenges have you faced along the way?

    The most rewarding aspect is the fact that we get the opportunity to be part of judgments which have the potential of having an all India impact and positively affect and impact the rights and lives of  others.  The challenges are that sometimes delays happen in the adjudication of a case and clients get frustrated. This can be solved by appointing more judges and filling up the large number of vacancies in judicial offices. 

    As someone with extensive experience in the legal field, what advice would you offer to fresh graduates who are considering a career in law, especially those interested in specializing in consumer protection, banking disputes, and commercial litigation?

    The advice is to be patient and keep  working  hard. To be fair to your client as well as to the court. Go to court fully prepared for every hearing and be courteous to the court and put your point across forcefully but  in a respectful manner. Making incorrect statements on facts should be completely eschewed.  This will also help earn the trust of the court. 

    Get in touch with Chandrachud B-

  • Pooja Terwad, Founder, Nivaran Online on LL.M from Jindal Global Law School and practicing law

    Pooja Terwad, Founder, Nivaran Online on LL.M from Jindal Global Law School and practicing law

    Pooja Terwad graduated in B.L.S.LL.B from Mumbai University in 2012. Thereafter, she went for LL.M from Jindal Global Law School. She got an excellent opportunity to visit Maurer School of Law and work there as a Research Associate for a semester as a part of a fully paid scholarship programme from JGLS.

    She is a legal practitioner with expertise in Consumer Law, recently she founded Nivaran Online, a platform which proposes to end all consumer disputes. Let’s talk with her today on National Consumers Rights Day find what drives her to such social initiatives.

     

    Tell us a bit about yourself.

    I am a Mumbai girl, from an exceptionally well-educated family. Law is something I did not choose, but it happened by chance. It was only after working for a few years that I realised Law is my true calling. I have been associated with NGOs like Cheshire Home, Indian Development Foundation, and others since I joined Law. Working with the under-privileged made me stronger and determined as an Individual. The consistency I have seen amongst differently abled population has given me the courage to walk a little far and choose a way that is less travelled.

     

    How do you recall your graduation and LL.B days?

    I have been an average student throughout my schooling and LL.B days. It was only the desire to achieve something above average and to do something different than most of the law graduates, which got me into Nivaran. The experience of volunteering with Asia’s largest consumer organization, Mumbai Grahak Panchayat, and exposure to intern at Consumer International, Malaysia was a boon. All this experiences further resulted in Nivaran.

     

    Tell us about your professional qualifications.

    I completed my B.L.S.LL.B from Mumbai University in 2012. After that, I went for my LL.M from O.P. Jindal Global University, New Delhi. I have been awarded a gold medal for my academic performance and another gold medal as an award for the Law Leadership programme.

    I was fortunate to have got an opportunity to go to the United States of America on full scholarship, for pursuing my semester. After, I came back I worked with the Additional Solicitor General of India, Mr. Anil Singh at Bombay High Court. I also had the opportunity to work on serious matters like Adarsh Scam, Campa Cola, etc. under his guidance.

    It was in January 2015 that I started my law firm and at the same time began volunteering for Mumbai Grahak Panchayat under the mentorship of renowned consumer activist and Lawyer, Mr. Shirish Deshpande. I am thankful to him for the opportunity to attend a 14-day internship programme at Consumers International, Kuala Lumpur, Malaysia. The guidance of Ms. Indrani Thuraisingham, Head of CI, South Asian Region, has also been very helpful to me while setting up the process at Nivaran Online.

     

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    Please tell us about how you got the USA scholarship, and what all did it cover? What did you get to do in the States?

    I should thank Jindal Global Law School for my USA scholarship. I was enrolled in the two years’ LL.M course and had a keen interest in Intellectual Property Laws. I was the topper of the first year LL.M at JGLS, and hence, our Director chose to send me to the US for a semester at Maurer School of Law, Indiana University, Indianapolis. Although not an Ivy League college, this is one of the best public universities in the States with the most renowned IPR professors teaching there.

    There I got an opportunity to study Patent Law from Prof. Mark Janis, who is an immensely learned and globally renowned IPR attorney. My scholarship covered my entire tuition fees and a Monetary Scholarship of USD 4000. Apart from that, I also received a paid Research Associate position at the University.

    Also, I always wanted to work while studying and experience the high of being financially independent. I got the chance to do so while in the States. I did end up doing small jobs in the US and also worked as a Research Associate to professors. It was quite exciting.

     

    Did you think of pursuing your profession at the United States?

    More than professional reasons, I had personal reasons to come back. I am the only child, and I was not very keen to leave my parents alone in India in their aging years. And, I am strongly of the belief that, Indians have an incredible potential to transform the country with their innovation. It’s just that we need to overlook the Dollars, and have a strong sense of belief in our potential.

     

    What inspired you to start something like NIVARAN?

    While working for Asia’s largest NGO for consumer issues, Mumbai Grahak Panchayat, and working for their Consumer Guidance cell, I realised that NGOs in India work on a micro-economic platform. They do not have the expert resource to work for a single consumer, and get the dispute resolved as a matter of responsibility. Indian consumers needed an organization, where expert legal advice could be provided by lawyers. However, the same should be given at an affordable price. I wanted to establish an institution, where every “justifiably cheated consumer” gets a resolution without going to the courts.

     

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    Why do you think Society needs a platform like NIVARAN?

    Most of the times, an Indian consumer is left with two choices. Either “GO TO THE COURT” or “GIVE UP ON HIS RIGHT”. I feel both of them are neither viable nor justified. When the loss is of Rs. 25,000 to 50,000, a consumer doesn’t want to go to the court, as he will end up spending much more than the loss amount on lawyers and the judicial system. And ultimately, he gives up on his rights silently. I wish to change this scenario. Every consumer should get a resolution under every circumstance.

     

    What is your role in Nivaran Online?

    I am a founder at Nivaran Online, and I look into the Operation and Legal Area.

     

    What is Nivaran’s operational model? Where do you see Nivaran in five years down the line?

    With the kind of pendency and delay in Consumer courts, I wish to make Nivaran Online, a centralised platform for resolution of disputes, where brands, as well as consumers, operate on amicable grounds. We have associated with several Consumer NGOs in India, especially the ones founded by people who believe in swift resolution and are open to trying something new, rather than going the monotonous way. They divert consumer complaints from their areas, and we in return, help them with Honorary Funds so that they can further consumer welfare. I wish to tie-up with Organizations, Governmental and Non-Governmental, and ultimately provide the best aid to consumers.

     

    How difficult has it been as a litigator, have you ever faced any gender bias in the legal profession?

    Fortunately, I have never suffered any such bias till date. I have been lucky to have met people who judged me by my credentials, rather than my gender. I believe women have proved themselves beyond all doubts. It is true that we do not have many women entrepreneurs in the start-up world. But, male-dominated professions have never discouraged a woman from establishing her identity. So I am highly optimistic, that my gender will never be a hurdle in moving ahead.

     

    Don’t you think starting up with Nivaran can affect your mainstream profession?

    I have been in litigation for quite some time. I have my full-service law firm, in the name of Pooja Terwad & Associates. We were fortunate to have established ourselves pretty well without any previous legal background. However, I was always dissatisfied when I appeared in Consumer Courts.

    Even in my individual capacity, I ensured that before we go to the court, we try to settle the matter. I also encouraged consumers to argue on their own, if they could not afford lawyers’ fees. But, the highly technical procedures were often discouraging. So, I thought of moving apart from the monotonous and commercialized structure of Courts, help consumers resolve their disputes and charge them nominal fees, which did not exceed 10 percent of the loss value at any cost. So, I chose to do what courts do, however, without going to the court.

     

    What would be your message to our readers?

    I feel Indian lawyers are bogged down by competition, all they care is about “packages”. Very few of them wish to experiment, innovate and come up with something exciting which will help the society as a whole.

    Our youth I notice is pressurized to such an extent, with stereotypical opinions that he fears to try his hand at something new, something challenging. We are scared to get out of our comfort zone; we are afraid to struggle. We are afraid of failure, not because it would affect us, but because the society might not accept us with a failure tag. I feel we have taken the Society way too seriously. It’s time we do what we feel is going to make us happy and moreover do what we are meant to do.

    I would only urge to all of my friends that we have the potential; we just need to be creative and an out-of-the-box thinker.