Case filed in district consumer forum and on 14.07.2016 no one appeared in the court from OP and hence court passed EX party order ,it s mentioned in Proceding but proper order is not prepared.Later on court accpeted the application of OP to set aside the same and court accepted the same .I want to go state forum against this .What i need to file in state forum? Is it first apeal or reveiw petition ? Still case is pending at District forum .On waht ground i need to file the review?
It is an interlocutory petition on which op filed an IA to set aside the exparte order issued because while passing the orders on exparte proceedings the judge commented that it was not a proper order. Hence the OP filed an interlocutory application for setting aside the exparte order and it was set aside. Agains tthis Interlocutory order if you prefer an application in High court under section 482 Cr.P.C you need to file a Criminal Revision petition and not crimina appeals. which will ARISE AFTER FINAL JUDGMENT. SINCE THE CASE IS STILL PENDING IN 'DISTRICT COURT ONLY INTORLOCULTORY ORDERS WERE PASSED SETTING ASIDE THE EARLIER EXPARTE ORDER AGAINST THE OP. If YOU APPRECIATE THIS ANSWER PLEASE CLICK THE THANK YOU BUTTON ON THIS FORUM.
District Consumer Forum and State Commission have no power to set aside their orders or review the same so you have to file revision petition u/s 17 of Act before State Commission against the setting aside order.Sec482 of Cr.P.C doesn't apply in consumer cases.