Cousumer court order
Amy Sunil
(Querist) 06 June 2011
This query is : Resolved
I won the case in the Dist Consumer Forum against a fraud Builder and as expected he has gone to State commission for Appeal but till today neither he or his advocate could produce any evidence in the State Commission and finally the Stay has been vacated and the case has been posted to here for August. So I need some help from you for the consumer court as I myself is fighting the case against the Builder.
1. When there is a Appeal in the State Commission and posted for another hearing ( OP advocate’s not even coming to the court for the last 3 hearings) can I go to the Dist Forum for the Execution of the Dist forum’s Order as there is no Stay now in the Order?
2. Since the Appeal is still in the State Commission but NO STAY or Order also from the sate Commission is the Dist Forum has the right to go for the Execution as the Order has passed by the Dist Forum and OP has just gone to the State Commission for just to buy the time as OP has nothing to furnish than what OP has produced before the Dist Forum.
3. If I can go for the execution then can you pl let me know is there any specific form for that
4. Do I have to get the order sheet from State commission on vacating the stay and do I need to submit before to the Dist Forum or is that the OP’s job to produce before the Dist Forum?
5. What am suppose to do at the state commission on this case now? As the OP’s advocates is not coming for any hearing nor producing any documents and my case has been postponing for hearing yet again without any results
Can you pl help me if possible
Amy Sunil.
prabhakar singh
(Expert) 06 June 2011
1)yes,in absence of stay order by state forum,execution in district forum can proceed.
2)Distt.forum has right to execute its order if no stay is passed against it.
The 2nd proviso of section15 of the Consumer protection Act lays down that an appeal shall not be entertained unless appellant has deposited50%or 25k whichever less in case the order refers to pay money.
3)no specific form is provided.
4)yes, you are right,that is needed.
5)move an application stating about all the dates fixed so far and submit you have been present on all these date but appellant is defaulting on his own,therefore his appeal should be dismissed
Amy Sunil
(Querist) 06 June 2011
Thanks so much for your support, many thanks
Amy Sunil
(Querist) 09 August 2011
the case has been going for months together in the State commission finally OP's advocate turned up and posted for arguments for next month, can you pl advise me on the following pl
1. can i submit written arguments because their advocate is a well known firm can manipulate the version and i have noticed even the State Commission President has a soft corner on their submissions.
2. since am arguing my case independently i have noticed my case has been keep on pushing for the last case of the day, what i can i do?
3. if i have a serious concern on the President's response on the case is it possible for me to express my views on the same to anyone in the National Commission's?
my case has enough strength and merit but am not sure where its heading at the State Commission's? Even the President himself don't even try to understand or evaluate the facts, he gives importance to the Lawyers with Big Firm name than more concern about the Consumer and his rights!!!!
any advise on this will he very helpful pl
Many thanks in advance
