consumer protection act

Querist : Anonymous (Querist) 11 February 2011 This query is : Resolved
Under which provision of law an ex-party order of dist. forum can be set aside? Pl . refer some case Laws passed by SC/ NC.

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Arvind Singh Chauhan (Expert) 11 February 2011
If it is expartee order then under Order 9 Rule 7 CPC, if it is expartee decree under Order 9 Rule 13 of CPC.

Shyam Ji Srivastava (Expert) 11 February 2011
NO. District Consumer Forum has got no authority to recall the ex party order if passed on merit. Order 9 is not applicable.

Shyam Ji Srivastava
Advocate
KANPUR

Shyam Ji Srivastava (Expert) 11 February 2011
ONLY APPEAL IS THE REMEDY.

Kiran Kumar (Expert) 11 February 2011
I agree with Mr. Srivastva that Distt. forum has no authority to set aside the Ex-parte orders.

the remedy lies with State Commission, enough of the judgments can be found on this point.

Advocate Rajiv Mishra (Expert) 11 February 2011
provisions of c.p.c. will be applicable accordingly.

Advocate. Arunagiri (Expert) 12 February 2011
I agree with Mr.Arvind. The consumer court is having powers to set aside the exparte order as per CPC. It is in practice in Tamil Nadu Consumer courts.