Service of notice, after tendering of vakalatnama
Raj
(Querist) 29 April 2016
This query is : Resolved
I filed the consumer complaint in state consumer Forum regarding medical negligence of the Hospital of Doctors causing death of a family member in year 2011. The notices were issued and pleadings has been complete.The court, vide oder in April 2015 has directed the parties, to file complete set of their documents with in 2 weeks, so that expert opinion can be made from another Hospital. I complied the order, but the other party disappeared and did not file any documents. The registry, due to non filing of documents did not send to the Hospital for expert opinion. The State Forum, issued notices to the counsel and to the opposite party 3 times , but they willfully not appearing before the commission. Now, they direct me to to DASTI service to the opposite party
1My query is when the counsel of the OP has appeared and filed the vakalatnama, then is this mandatory that commission persistently send notices again and again to the OP,as tendering appearance and filing vahkaltnama, and participation in proceedings is conclusive proof that the OP is well awar of the proceedings?
2What is the remedy to challenge this impugned action of the commission, because even after receiving notices again they disappeared, then its my responsibility that I will send notices again and again to the OP at every stage of the proceedings?In that case, whether ist is approapriate to move to NCDRC or High court?
3The commission asked me to serve dasti, should I send the notice by speedpost and file the receipt with affidavit like in High court?
P. Venu
(Expert) 30 April 2016
What is the opinion of your advocate?
Rajendra K Goyal
(Expert) 30 April 2016
Comply the orders of the state forum and effect DASTI service..
Raj
(Querist) 30 April 2016
No fruitful purpose will solve, just getting dates and dates..I am only saying when they already appered and participated in proceedings, why court has been sending notices to them? Is there any remedy there
T. Kalaiselvan, Advocate
(Expert) 01 May 2016
This query should have been raised by your advocate before the court. You are right that once the OP has entered appearance through his advocate, there is no need to send notices to him again and again, but if his advocate has not turned up to the court and reported no instructions, then the orders passed by court shall be in the right sense to get you relief speedily.
