Consumer case

Forum has power to allow op to file reply and also affidavit.

Without having reply of complaint on record,affidavit of op can't be taken on record although Forum can allow to take both reply and affidavit of op on record on cost.

its a discretion of the Presiding officer to decide the matter purely for expeditious disposal but you have not mention that whether the Opposite party right to file reply in main OP is forfeited or not

It is now 150 days since my complained was admitted. I was asked to send second notice to OP as they did not reply the first notice. Thus the forum delayed along with the OP. The OP filed wakalatnama after 130 days. So much delay has been done with me. So after 130 days  ( not just 45 days)  I was asked to file affidavit in evidence. The OP took one copy of mine. On the next hearing the OP was not seen. Again a date has been given to file affidavirt in evidence to OP. 

Now shall I pray for ex-parte  proceeding/ judgement if the OP fails to appear on next date? 

When Supreme court judgement says not to allow wriiten version after 45 days, does it mean that the OP be allowed to file affidavit in evidence thereafter? Then what is the significance of not allowing written version after 45 days if the OP ia allowed to take part in the subsequent proceedings?  If this discretion of the forum is extended, one day the forum will ask the OP to file their written arguments ( bypassing written version and affidavit in evidence) straight after one year of filling the complaint and making the complainant to appear all proceedings.

I feel cheated by the consumer forum.

 

Does the forum or any of its official know you personally? Have they any enimity with you? What the forum has gained by acting in such manner? Are you aware of ingredients of cheating? If you would have been OP and if forum would have acted harshly then you might have seekin advise on this forum. Forum might be burdened and has not acted harshly. If op is causing delay they would suffer. You have mentioned one law but there are other laws also. Levelling charges is very easy. If you are not satisfied with the working of forum then approach state commission, national commission and then Supreme Court. Choice is your. Forum has not approached you for the case rather you have approached the forum. Do not make such false allegations.

Does the forum or any of its official know you personally? Have they any enimity with you? What the forum has gained by acting in such manner? Are you aware of ingredients of cheating? If you would have been OP and if forum would have acted harshly then you might have seekin advise on this forum. Forum might be burdened and has not acted harshly. If op is causing delay they would suffer. You have mentioned one law but there are other laws also. Levelling charges is very easy. If you are not satisfied with the working of forum then approach state commission, national commission and then Supreme Court. Choice is your. Forum has not approached you for the case rather you have approached the forum. Do not make such false allegations.

I am not an advocate. I am seeking opinion and suggestions in this forum. But the way you reply it seems you empahthise with the forum than the complainant.I did not say that the forum has cheated me. What I said is that I FEEL cheated.This is my feeling and I have every right to to feel so and express it also. But when you know the details of the proceedings of the forum and then you should help me to understand it so that I should not feel the way I am feeling. You defend the forum, problem is not there. Problem is you do not help me to understand the procedure. 

Then you say that the forum  has not asked me to approach it. You should understand that the forum has been established by the Government, it is not the organization of a group of people. Their job is to settle the disputes of consumers and OP in an expedious manner. They should not only work in an impartial way, but also must APPER impartial.

 

Mr. Ganesh Naik, in your passage (I cannot term it as query) you have levelled allegations against a quasi judicial authority and being a lawyer I have to refute false and baseless allegations levelled by a person who could not get desired relief as he was intending. In my reply I have replied suitably. Rest is on your wisdom and interpretation. This forum is not for expression of one's feeling or opinion but is to help the person who requires legal guidance.