appeal at state forum
mahendrakumar
(Querist) 20 March 2011
This query is : Resolved
the op has filed an appeal at state consumer court and the admission hearing is scheduled on 23 april 2011.Now
1) will there be any hearing by both the parties before the case is admitted?
2) for the admission hearing,will the original casse file at the cdrf be summoned?
or it is based on the appeal petition filed by the op?
3) can we object the delay in filing the petition? Or is it purely a descritionary matter of the court?
4) the op was absent after the arguement stage at cdrf,and the judgement was made in their abscence. on 19th march 2011,on the day when an EA was made on the cdrf,the op's counsel appeared and stated that an appeal is made at state forum amd it is secheduled for admission hearing on 23rd april,without submitting any proof.
as a petitioner at cdrf who won the case,what general/technical strategies could be taken on a broader level at cdrf and at state consumer forum.
for anonymity,details of the case are not explainined, advice is needed on the technical/procedural aspects only.
Devajyoti Barman
(Expert) 20 March 2011
1. No unless Caveat is filled by the other side.
2.No, based on Memo of Appeal only.
3.Yes if it is filed beyond 30 days fo the passing of judgement excluding the time taken to obtain the certified copy of the order.
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