Advocate B. M.
19 October 2015 at 19:52
In a Consumer case the OP did not seek to file Written version, challenged jurisdiction - which was upheld by National Commission, there are two orders making the case ex-parte - both well reasoned orders by the State Commission where the case is filed. Evidence as well as witness evidences have been filed 2 1/2 years ago. Matter posted for final hearing. The OP moves the NC on flimsy grounds, suppressing the fact that matter has reached final hearing stage and evidences already filed by the complainant, and seeks relief in way of being allowed to file their written version. The appeal was filed in NC on 11th August, taken up on board on 24th August, and issue notice with litigation cost of 10,000/- to complainant, and posted for hearing on 31st August! The dasti notice was received by a family member of the complainant on 27th evening, which was noted as such in the acknowledgment. The NC issued notice was recieved by the complainant on 31st August or 1st September. Due to such acute shortage of notice period, and being a lady, complainant was unable to attend the hearing on 31st August. Order of ex-parte was set aside by NC and OP was permitted to file WS within 30 days and pay a meagre 25000/- to legal aid of NC. No compensation for the setback suffered by the Complainant. This Order was recieved on 21st September from the NC.
Should the NC not be bound to provide reasonable notice to the other side, especialy when they have to travel from Mumbi to Delhi for the hearing? Is this not a gross violation of "Audi Alteram Partem"?
What would you advise to be done? Complaint to the NC regarding short-shrifting the Complainant like this and hold an inquiry as well as recall the order? Please guide.
thanks and regards,
B.M.
Dijo
19 October 2015 at 17:33
Dear all,
I have filed a writ in kerala high court against my institute regarding mark manipulation in exam. High court accepted it and issued a notice against institute. Last monday was the hearing but no one from the institute appeared. Also my advocate says neither the acknowledgement nor the notice came back and hence court cannot do anything in this case and postponed to this today. unfortunately today also same thing happened. Now my advocate saying that we have another choice of sending messenger from court but we have to bear expenses. sending someone to new delhi is very expensive.
Why things are like this? whats is the remedy available. I suspect, institute may have already received it but playing some drama.
can someone help me what should i do now?
surya
19 October 2015 at 11:48
Sir can a person claim adverse possession over a protected tenant land (Telangana protected tenant)
putta shanthi kiran
18 October 2015 at 19:51
whether advocate can act as poa or gpa on behalf of the company in civil and criminal cases to give evidence where in the corporate company appointed as retainer advocate with issuing under poa and gpa.
Ramesh Tikamdas Bajaj
18 October 2015 at 19:13
Can the collector use section 82 and 83 of registration act to cancel registration of a lease deed?
Under what conditions?
If share certificate shown is intentionally incomplete?
Narayan
18 October 2015 at 10:15
Dear Experts
Due to non employment , I was unable to pay my EMI for 8 Months.I may require an expert to guide me to get court order with respect to my personal loan.
I have given PDC for the loan and one cheque have been bounced back by them.
I had a discussion with a lawyer at chennai, he asked me more fees. I want a lawyer from Chennai(Madras) High court.
Regards
Narayan N
R B Gupta
17 October 2015 at 22:44
Under Order 41 Rule 27 of CPC, can we give additional original evidence in the second appeal in High Court, and that too twice - at the submission stage of the appeal? Will the judge have to compulsorily accept such evidence, or can he reject it?
SHREY DAMBHARE
17 October 2015 at 21:00
My matter is before Rent Control Tribunal and I am representing Tenant. Moreover, Owner pleaded before Tribunal that he is owner of the property by partition between his brothers thus he is entitled to maintain Eviction Petition. Judge made findings that he is not owner as the partition deed forwarded by Owner is not proper and cannot be used as evidence. However, Judge made finding that he is Joint Owner and allowed petition. Thus my question is by pleading Petitioner himself to be owner of the property, whether he has impliedly accepted that he is not joint owner of the property?
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Gravience with bank
I have deposited a cheque on 02.09.2015 for Rs.9,677/-. While depositing it, I am in disturbed mood. Due to such mood, I had filled all the details in the Pay-in-slip except my account number. And I have given such pay-in-slip along with cheque to the bank employee. But counter file was fine. In such pay-in-slip, I have filled my mobile number also. This incident was happened in Banglore Branch. While depositing, I enquired and confirmed that it will be cleared in three days. On 08.09.2015, I have made compliant using toll free number . On that day, I had tried to draw some money from an ATM but I was not allowed to access stating that insufficient funds besides charges in my account for this although, I got balance in my account. On 09.09.2015, I have received a message explaining that you compliant has been resolved. But I didn’t understood why cheque was not honoured and how they have confirmed that compliant has been resolved without consulting me. Again, I have tried to find reason by calling the same toll free number. But they have not given proper response and not taken another compliant. On 10.09.2015, I have taken permission in my office and gone to the branch in which i have deposited cheque. Then, I understood that account number was not filled by me and such cheque was lying in the same branch. And even their response was not satisfactory although they said that we will clear the cheque at our earliest and done accordingly. I have recorded that video too although video was not good, but audio was fine. On 12.09.2015, evening I have transferred certain amount to another account there after, I have drawn Rs.2000/- from ATM at Metro Branch, Beside Gopallan Mall, Benganahalli, Banglore. By mistake, I forgot to take money from ATM and gone to busstop. Immediately I realised my mistake and went back but no use. Such ATM also consisting Camera too. I tried to take the support of Bank by calling to toll free number. But even such response was not satisfactory. There are many charges in my account in that month. Although, sms were received in my present mobile number for transactions my old mobile number was linked for online transactions. I had tried twice to change my number using ATM with internet transaction request reference number but I didn`t know why it has failed. I don`t know who was the trustworthy person to complian in this behalf. Dear sir, I am in Banglore(Not my home town) at the time of this problems.
Having explained that I have complained to RBI Bankombudsman and demanded "an amount not less than Rs.1,00,000, Beside asking certain questions" . For this purpose I have submitted audio of phone call recorded and vedio recoreded, Bank Statement and Counter file of cheque. Compliant has been forwarded to SBI. What are the consequences, I can expect ?
For Actual compliant letter refer https://drive.google.com/file/d/0BzUh0cGuRAnsWWNNbnFaRlVfRVk/view?usp=sharing