Can a exparte order of Dist Consumer Forum be resotored?

V.V.RAMDAS (Querist) 03 January 2010 This query is : Resolved
Dear friends,

In a Consumer dispute the Opp.Party had filed his written version and the same is accepted by te forum and in the next date neither the party nor his advocat could attend the forum due to some unavoidable circumstances and in the subsequent date the forum passed exparte order. Now can it be resotored under order 9 rule 13 of the C.P.C ?

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adv. rajeev ( rajoo ) (Expert) 03 January 2010
The provision of CPC will not applicable to the consumer forum. You have to file an appeal before the state forum against the order of the dist., forum and against the state forum order appeal to the national forum.

Kiran Kumar (Expert) 03 January 2010
http://indiankanoon.org/doc/250369/

http://indiankanoon.org/doc/827684/

kanhaiyalal ojha (Expert) 03 January 2010
I agree with Mr Rajeev S Vardali . K L Ojha,advocate,Jharkhand High court,Ranchi-M-09431902920.

Kundan Lal Nandwani (Expert) 03 January 2010
There is no provision in the consumer protection act 1986 as amended upto to restore a complaint dismissed in default before Distrcit Consumer Disputes Redressal Forum or State Consumer Disputes Redressal Commission. It is only the National consumer Disputes Redressal Commission,New Delhiwho can restore a complaint/appeal/revisin dismissed in default. Others have to follow the procedure of appeal and then revision as advised by Mr. Vardali. Nandwani advocate Supreme Court of India