Appeal
Thyagarajan
(Querist) 26 December 2010
This query is : Resolved
Dea Members
My case in District Consumer forum was admitted at the first instant and notice served on opposite parties. The case was set ex=party as the respondants did not appear. When the case was set for final orders the forum summotto reopened the case and recalled its own admission order and set it aside. I had put this in an earlier query and members advised me that the procedure is against march of law. And the query went to status ‘resolved’.
Though this is a fit case to proceed to the State Commission under sec 17 b of CP Act 1986, I preferred sec 15 and made an appeal to quash the summotto reopening that was done for the purpose of recalling the reasoned admission order. My petition was taken on file notice served on opposite party but still it did not appear and the case is set ex-party again. My intention is to ask the judge in the first hearing to remand the case balk to District Forum ordering it to decide the case on merit. In case I do not get good order on merit I will approach the state forum again.
Is my approach correct or I should plead for hearing of the case on merit by state forum?
adv. rajeev ( rajoo )
(Expert) 26 December 2010
You have challenged the order of reopening by the Dist., forum suo moto. So you cannot plead before the state forum to hear the matter on merit.
Kirti Kar Tripathi
(Expert) 26 December 2010
Agree with Mr. Rajoo. In case, your appeal is allowed, the earlier decision will be restored. However, in case, your appeal is dismissed, the case will be proceeded further by the District forum
Thyagarajan
(Querist) 27 December 2010
Mr.Thripathy,
I had approached the State Forum after the District Forum wrongly closed the case after suo motto reopening. My appeal before the State Forum has been taken aready in file and set ex-party and the remanding of the case back to District Forum to decide on merit is already in the card.
What I asked lawyers club was whether I can ask State Forum itself to decide. Mr. Rajoo's answer is satisfactory.
You are wrongly taken that my case is still pending before before the DFistrict Forum
Ahmed Daud Girach
(Expert) 27 December 2010
District forum will now decide on merit and if aggrieved by that decision you may prefer appesl.But why the opposit party is not appearing?Why you are not taking interest in sending suumons by the means available in cpc.because when you are not able to execute summons how will you execute final orders?Get provisions of CP Act regading power of JMFC given to Consumer forum amd take results otherwise your final order in your favour will be futile.
Thyagarajan
(Querist) 27 December 2010
Dear Girach
I had been thinking on the same line like you. I even approached opposite parties personally while the case was in progress. They are government statutory body and seem they have lost the file connected with the case that dates back to 1995. They perhaps do not want this to go public in court room. They advised me they have no other course other than to obey the court order when I produce the order copy. These talks not being put in writing I can not tell them in court. The obstacle in way of settlement is the District Court not giving the final order.
The State Forum rightly set the case for remanding. As otherwise quoting my case many other opposite parties will approach the District forum to reopen the orders that were admitted on reasoned orders and ultimately this will make the District forum as appellate authority of its own orders.
Glad there is a member like you who thinks on same line as me in the club.
