Appeal dismissed in state commission in consumer act
Reformist !!!
(Querist) 03 March 2015
This query is : Resolved
Hi Experts,
An appeal was filed by our OP in State Commission which has been dismissed in initial stages without even sending notice to us.
The appeal was dismissed in default due to his non absence. Moreover he took the stand that he never received the copy of final order of District forum, but district forum sent their report to state commission that their service was completed and OP was delivered the order already.
Now Judge in district forum is delaying the case unnecessarily. My question is how to proceed fast and whether OP can ask for restoration of case in State commission and if yes then how much is the time limit for restoration of case.
Please guide.
P. Venu
(Expert) 04 March 2015
Facts are confusing. If the State Commission has dismissed the matter, how District Forum is delaying the same?
Devajyoti Barman
(Expert) 04 March 2015
Divulge your details more clearly so we can offer assistance.
Guest
(Expert) 04 March 2015
Default due to his absence or "non absence"?
Rajendra K Goyal
(Expert) 04 March 2015
Facts not clear, come out with clear facts.
R.K Nanda
(Expert) 04 March 2015
unclear query.
Kumar Doab
(Expert) 04 March 2015
Make your points clear.
Dr J C Vashista
(Expert) 05 March 2015
@ Reformist.........,
How are you concerned with the query? Facts of the query are vague.
Contact and consult a local lawyer.
Reformist !!!
(Querist) 05 March 2015
Hi Experts,
The query is not vague. It is happening actually. The appeal of OP has been dismissed in State Commission. OP was attending court in District Forum in Execution petition i have filed in District forum, but from last 2-3 date OP is not coming and avoiding the court. I pressurized the judge to pronounce the judgment under section 27 of the CP act and punish him, but the judge is delaying and is just giving the date and putting the dates for Compliance.
Now in last date, the judge has issued BW. I objected that there is no reason to issue BW, as OP was coming to attend the dates. But the judge is not listening and she said that next time she will issue NBW. Dont know why the judge is delaying the case from last 6 months now, as she is giving dates of duration more than 1 month.
Another query is, as his appeal was dismissed in default due to his non-presence in State Commission, can OP ask for the restoration of the case and if yes, then in how much time. Does he also need to submit 25000 again in the State Commission for restoration ??
Pls guide.
Reformist !!!
(Querist) 05 March 2015
Awaiting reply from Experts.
Reformist !!!
(Querist) 06 March 2015
Awaiting reply from Experts. Can any1 pls reply
T. Kalaiselvan, Advocate
(Expert) 06 March 2015
Your statements contradict to each other.You have stated that he is not appearing on 2 to 3 dates the OP is not coming to court and avoiding the same, then the BW was rightly ordered and upon further waiting NBW will be ordered is also right, while so, why did you say to judge that he is coming to court ?, your query is really vague devoid of details for a proper opinion.He has got rights to go for restoration of the dismissed for default appeal.
Reformist !!!
(Querist) 07 March 2015
Kalaisevan Ji, my statements are not contradictory. Actually 10 dates have gone in Execution case filed by us. OP appeared in 1st 8 dates. In last 2 dates he did not appeared and judge just gave us date on 9th date and on 10th date, judge issued BW. I objected that when he has come on 8 dates and all dates was fixed for compliance and then my application u/s 27 shall be decided. But still i was given another date after issuing BW.
Moreover this Execution case has been going on from past more than 6 months now. And from last 2-3 dates judge is giving date of 1 month difference.
One more query, if OP goes for restoration, then does he need to submit 25000 again for restoration ?
Awaiting your valuable replies.
