Clarification needed on state consumer commission


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?

Please reply

 
Reply   
 
senior

According to my opinion if the appeal papers sent by you are in order, the office will number it and gives a date for admission. On the date of admission you have to appear personally or through an Advocate. If the appeal is within the period of limitation the state commssiion will admit the appeal and order notice to Respondents. If the appeal is filed with delay then the State Commision will order notice to the Respondents before admitting the appeal. The notice will be sent by the office. on the date of appearence if the acknowledgement is found not retuned, the State commission may order personal notice to Respondents by you or date will be given for await of notice.

if the pendency of the cases are more it will take some time to decide your matter.

According to the judgement of Supreme Court and other High courts, the High court will not have any jurisdiction on consumer matters. You have to approach National Commission only in case of any grievance against State Commission.

The act says the matters has to be dicded on merits if the parties fail to appear but the State Commission and Dist Forums are not following and showing interest to dismiss the case for default only. So its better to appear in State Commission regularly.


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Sir

Thank you for clarifying my doubts.  

We have filed 3 cases.  Two cases my brother has filed.  1 case of appeal I have filed.

All are appeal cases and we did not go to the commission as we were told no need to come.  My brothers appeal cases have already been sent notices and the opposite party have already started appearing through advocate and the case is going on.  But in my case they have not sent notice till date, this is clearly partiality or I am missing something here?

Should I complain to NCDRC or state commission president?  Will it help if I do like that??

 
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Question 1.   It's not mandatory for you to appear before the Commission.     It's better if you appear, address your oral arguments and file your written arguments.

Question 2.   There's no time limit for Second Appeals.

Question 3.   Same reply as for Question 2.

Question 4.   I don't know.    There, however, is no such provision in the Act.

Cool down.     Watched pot never boils.


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Sir,

Thank you for replying.  I have anyway sent letter to the President of Kerala State Conusmer Commission to arrange for sending notice to the Opposite Party and also sent a application under section 19A of the CP Act.  I hope that would help me.  What is your opinion on this sir?

 
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There's nothing illegal you wrote to the Commissioner.

Your Application to the Commission under Section 19 A of The Consumer Protection Act is not maintainable.

You expect help from the Commission.     Chances are fifty fifty.

 
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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?  Will they even check emails? the Kerala state consumer dispute redressal commission? I sent email requesting sending of notice to Opposite Party.  Will they read?

 
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