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Consumer Protection Act.

(Querist) 19 September 2009 This query is : Resolved 
In a given case, the District Consumer Forum has passed/pronounced a judgment in the month of June 2009 in presence of the lawyer for the respective parties.

The lawyer for the aggrieved party has obtained a certified copy of the order and sent the same to its Client.

The judgment has not been communicated by the district forum to the aggrieved party till date.

In the above circumstance, whether the proposed appeal before the State Commissionn will be time barred?riven
Adinath@Avinash Patil (Expert) 19 September 2009
For appeal period is over because lawyer of aggrived party obtained certfied copies hence aggrived party has knowledge of judgment. Aggrived party can file appeal with delay condonation application.In natural justice delay be allowed.riven
Bhumik Dave (Expert) 19 September 2009
Lawyer represent behalf the party so its not a defence to say order not received. As per CP ACT appeal may be file within 30days from the date of certified copy received. Hence u r time limit is over but generally state commission admit the delay condone with fine.riven
adv. rajeev ( rajoo ) (Expert) 20 September 2009
In the consumer forums immediately after the judgment free certified copy will be supplied either to the parties or to the Advocvates. So in this case Advocate has obtained the ceritified copy of the judgment so the defence of " judgement not communicated " is not a good defence.riven
Jithendra.H.J (Expert) 20 September 2009
I agree with Avinash patil, he is right, follow his adviseriven
Sachin Bhatia (Expert) 20 September 2009
Your time limit for appeal is over because lawyer of aggrived party obtained certfied copies. But you can take a chance & can file appeal with delay condonation application before the State commission.riven
Raj Kumar Makkad (Expert) 20 September 2009
Nothing wrong if advocate got certified copy on behalf of aggrieved party. Advocate represents its party. If delay has been made, it can be condoned subject to provisions lying thereon but it is no ground that forum has not sent the copy of its verdict.riven
DATTA SOLANKAR (Expert) 21 September 2009
15. Appeal
Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission within a period of thirty days from the date of the order, in such form and manner as may be prescribed:

PROVIDED that the State Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not finding it within that period.
riven


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