consumer court appeal
mahendrakumar
(Querist) 08 November 2010
This query is : Resolved
If the OP files an appeal against cdrf judgement,can the complainant too raise his concerns over the judgement during the trial?
Or is it necessary that the complainant too should file an appeal separately?
R.Ramachandran
(Expert) 08 November 2010
Yes, if the complainant is aggrieved by the order of the DRT then the Complainant has to prefer a separate appeal.
s.subramanian
(Expert) 08 November 2010
It depends upon the findings in the judgment. If merely certain findings alone are against you and the final judgment is in your favour you cannot file any appeal. You have to file only cross objections in the appeal filed by the OP on the findings against you. If any part of the decree is against you, a separate cross appeal has to be compulsorily filed to challenge that part of the decree which is against you.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 November 2010
If you want real relief must file separate appeal.
Please do not confuse with judgements and justice.
If the law and procedure is in your favor you can win if not even if you are right no body will listen to you.
TAKE CARE AND BE VIGILLANT AT EVERY STEP. OFFENSE IS THE REAL DEFENSE., IRRESPECTIVE OF OPINIONS OF OTHER EXPERTS.
mahendrakumar
(Querist) 09 November 2010
thanks to all. still I need some clarification.
In the said cdrf case almost 90% of the judgment is in my favour.
eventhough,chances of winning the remaining 10% in my favour is more, I do not want to file an appeal considering the wastage of time and energy for the same.(I being not an advocate was appearing in person for the case at cdrf)
However,in case the op file an appeal at state forum, can I raise my claim for the remaining 10% I lost,during the trial of the appeal by OP?If so how to do that?
bhupender sharma
(Expert) 10 November 2010
If he files the same before the state commission u may file your cross objection againt the judgement.
Arun Kumar Bhagat
(Expert) 11 November 2010
In appeal the appellate court has power to give more than asked for, for the ends of justice. You can make your additional relief which has not been accorded to you by the trial court.
Khaleel Ahmed Mohammed
(Expert) 14 November 2010
Appeal is the only remedy for all judgements and orders of the trial courts.
M V Gupta
(Expert) 23 November 2010
By merely filing cross objections in the appeal filed by the OP u cannot get further claims of 10%.which are rejected by the DCRC For this purpose u have to file seperate appeal which will be clubbed and heard by the state commission.
