Authoritative clarification needed on state consume commis
Mota Bhai Louda
(Querist) 07 November 2018
This query is : Resolved
Clarification needed on procedure at State Commission
I have gone for appeal in State Consumer Commission. I have sent appeal papers through RPAD and the case has been registered but notice not sent to Opposite Parties.
Upon enquiry through phone they had told just send the lower court order and rest the commission will do what is required.
I approached Kerala State Commission in July and this is November. I was neither informed of the appeal number or any details provided.
Only when I called they told the appeal number.
But they have not sent notice. So I went to commission and asked what is the matter.
Nobody has a single opinion as to why notice not sent.
Registrar, SDC, Bench Clerk finally all pointed towards judge. I wanted to ask judge but I did not get opportunity.
Now these are the questions I asked there but did not get an answer.
I expect authoritative replies here which can be helpful.
1. Will I have to appear in state commission on regular basis?
2. When will commission send notice to Opposite party?
3. How long will it take commission to decide the case, is there any time limit like 90 days given to district forums?
4. Should I approach High Court to give directions to state commissoin to expedite the appeal. If yes. Under what sections of Law should I approach High Court?
I cannot afford advocate so I am handling case myself.
So please reply
Isaac Gabriel
(Expert) 07 November 2018
You should ensure whether it has been numbured or any material is required to nbe furnished for numburing.You try to locate the appeal paper with reference to the date of sending it and follow. you can find fault with the system.
KISHAN DUTT KALASKAR
(Expert) 07 November 2018
Dear Sir,
To be frank the Courts and Consumer Forums are burdened with lot of work which cannot be handled by the staff provided to it. Better engage a local lawyer to follow up the matter.
Dr J C Vashista
(Expert) 08 November 2018
Inspect the judicial file before taking any action and proceed.
What is the opinion of your lawyer, if engaged ?
Mota Bhai Louda
(Querist) 08 November 2018
Appeal 124 of 2018, Appeal 125 of 2018, Appeal 127 of 2018, Appeal 128 of 2018, Appeal 129 of 2018
In all of the appeals notice sent to OPs in less than 2 dates and OPs already appearing through advocate.
Only mine Appeal 126 of 2018 not yet admitted.
This is nothing but partiality as Appeal 124 and 125 my brother has filed and he too not appeared in the commission till date. But notice already sent. When I asked for my case they are pointing to what not and all. This is nothing but partiality is it not?
No advocate yet.
I have sent email to commissioner asking to issue notice to opposite party. Is there example of commission checking email.?
Raj Kumar Makkad
(Expert) 23 March 2020
Email is duly taken care of by State Comission.
Raj Kumar Makkad
(Expert) 23 March 2020
There may be a technical problem in your appeal so better to personally appear on the date when your appeal is listed and you argue on that day for the admission of the appeal.
