Appeal against ex-parte order
amit kumar choubey
(Querist) 31 July 2008
This query is : Resolved
respected all,
Can i file application under article 227 in high court to set aside the ex-parte order of consumer forum. Pls guide.
With Regards,
Amit Choubey
GOPI KRISHNA
(Expert) 31 July 2008
TO my knowledge if you want to appeal the order of District forum, then appeal lies to state forum and not High Court
H. S. Thukral
(Expert) 31 July 2008
Your question raises an important point i.e. whether the Consumer Court can recall it exparte orders. The Apex Court has held that where a Court or quasi judicial authority having jurisdiction to adjudicate on merit proceeds to do so, its judgment or order can be reviewed on merit only if the Court or the quasi judicial authority is vested with power of review by express provision or by necessary implication. The procedural review belongs to a different category. In such a review, the Court or quasi judicial authority having jurisdiction to adjudicate proceeds to do so, but in doing so commits a procedural illegality which goes to the root of the matter and invalidates the proceeding itself, and consequently the order passed therein. Such orders can be reviewed.
In view of above law, I am of the opinion that an application to set aside an ex-parte orders without any delay should be maintainable.
Appeal from an order of Distt. forum lies in the State Consumer Forum.
ANAND SUMAN
(Expert) 01 August 2008
Dear Amit,
In order to set-aside the ex-parte order of Consumer Forum, you should go in appeal before the State Consumer Forum.
Feel free to contact at any time in case of further query.
ANAND SUMAN
Advocate & Legal Consultant
Mob. 9958330546 (Delhi)
E-mail. anandlegalsolution@gmail.com
advocateanandsuman@hotmail.com
SANJAY DIXIT
(Expert) 01 August 2008
You may file the appeal before State Consumer Disputes Redressal Commission (SCDRC).
KANDE VENKATESH GUPTA
(Expert) 01 August 2008
Dear Mr.Amit, if the order passed by the Consumer Forum is on merits i.e., discussing the relevant points by taking into consideration the material placed before it whether oral oral documentary and if the order is supported by reasons, invariably you have to approach the State Commission under which circumstances you were set exparte and challenge the order of the forum on merits. If the order of the Consumer forum is without any reason and the order passed is only based on your being exparte, you can challenge the same by invoking the provisions contained u/s 227 of the Constitution of India before the High Court, taking the plea that, though you were set exparte, it is mandatory for the court/quasi judicial authority or judicial forums created under the statue, to pass a reasoned order, which the appeallate court can take into consideration at the time of hearing the appeal, as held by the Hon'ble Supreme Court in various cases.
Srinivas.B.S.S.T
(Expert) 02 August 2008
State forum has every right to set aside the exparte order passed by it. You file a petition to set aside the exprte order before the state forum itself. If there is any dely you have to file a Section 5 petition also.
