ExParte Judgment
Rima
(Querist) 10 December 2009
This query is : Resolved
The Counsumer court has passed an exparte judgment in my favour. However the opposite party appeared at the first date and filed W/V and thereafter never appeared.
Court passed exparte judgment in my favour directing the OP to pay 10000/- as compensation.
I have got the certified copy of the Judgment.
Now what I have to do?
whether I have to send the OP a demand notice along with the copy of the Judgment?
Whether they can appeal?
Whether before allowing the appeal the State Commission will hear me?
Whether caveat can be filed at State Commission?
Devajyoti Barman
(Expert) 10 December 2009
Since the judgment has been passed in your favour you can send a notice to the opposite party with a copy of the judgment attached calling upon him to comply with the directions passed by the Forum within the stipulated time as directed by the Forum. Once the time given expires you can file an Execution Case before the same Forum which to implement the order can pass several kinds of orders including attachment of property and/or issuance of warrrant of arrest.
Opposite party can prefer Appeal and at the time of its admission the Commission is not bound to hear you.
S. Bharath
(Expert) 10 December 2009
Mr. Barman is right. And further, the State Commission will hear you before allowing his appeal. There is no provision for lodging caveat.
joyce
(Expert) 10 December 2009
I agree with Barman, And an appeal period usally will be 90 days, as per civil procedure code, if appeal is filed u will have be summoned by the state forum.
N RAMESH.
(Expert) 10 December 2009
I agree with experts.
aman kumar
(Expert) 14 December 2009
yes i agree with barman
