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Raman (Technical)     28 August 2017

First appeal at National consumer dispute Redress all forum

Brief background : A consumer case currently going on in state commission. The OP has made an appeal to NCDRC challenging an interim order and has filed the first appeal. So now I'll be happy to get assistance with respect to the following points: Do the petitioner of the actual Case at state commission, need / Should appear in front of the National Commission to object the �First Appeal� verbally (keeping aside the option of Written Submission as the Appeal has not been admitted yet) on the date of admission hearing of the �First Appeal� made by Opposite Party? Will the petitioner of the actual Case at state commission, (respondent in this case) at all be allowed to speak explaining the points about why the First Appeal should not be admitted in front of the NCDRC? When a copy from NCDRC be served? Is it before the Admission hearing or after the appeal is accepted? What is suggested that to appear or NOT to appear from respondent side on the date of admission hearing of First Appeal in front of NCDRC or it doesn�t matter at all? Thanking you for your kind attention and assistance.


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 3 Replies

Siddharth Srivastava (Advocate)     28 August 2017

Unless the national commission summons/ notice to you calling to appear till then there is no reason to appear. Your opponent has firstly to argue on admission and if national commission finds valid Legal ground then shall issue you notice.

Advocate Bhartesh goyal (advocate)     28 August 2017

You need not to appear before National Commission till you receive notice from there.let the appeal be admitted.

Raman (Technical)     28 August 2017

Thank you for your kind attention. I understand your point of view that unless I am asked to appear I am not required to be present. Having said that I am not bound to appear, will my appearance make any difference? I mean to say that whether national commission will listen to my points during admission hearing. If I am not heard, even being present, then there is no point to go to Delhi just to listen. Can you kindly through some light on this matter?

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