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Consumer court dismiss order

(Querist) 20 April 2017 This query is : Resolved 
I recd ex-parte order from Bangalore 4th addl consumer court and filed an execution case(EA/38/2016) as OP wasn't responding. The OP was willing to pay the compensation in the form of DD against product return in the court. I demanded cash instead of DD to return product across or after encashing the DD,& promised that I will return the product. OP did not agree and the judge dismissed the case on 25/2/17.

How to appeal against & what is the time limit. Copy of dismiss order still not ready at court.
BAALASUBRAMANNYAMM (Expert) 20 April 2017
Your demand is not acceptable one. Your Opposite Party has two ways in depositing the amounts. One is, he may deposit the cash into court and the other one is by way of DD.
Guest (Expert) 20 April 2017
Your choice for cash payment cannot be imposed on the opposite party.
RAGHU (Querist) 20 April 2017
The mode of money deposit is not in dispute. I did not want to return the product without encashing DD. The OP can after getting product can cancel DD on some ground relating to improper return and create aspin. Pl tell me how to appeal against order
Guest (Expert) 20 April 2017
You only made the Court to Dismiss your Case which was in your favour.Suspecting the D/D given in Court is Contempt of Court as well.
Guest (Expert) 20 April 2017
Execution of court orders are not dependent upon the mercy and sweet will of the litigants. Refund would become due only after return of the product. Otherwise, non-execution of the court order would rest on you only.

By the way, does your query relates to some real problem, not made merely to find answer to some academic query?
RAGHU (Querist) 20 April 2017
OP or any seller dont deliver product against cheque/DD. They do so after money is realised. I insisted on the same condition for returning the product. EX parte judgement said the OP has to return money and complainant to return the product. It is a possible to cancel DD by issuer. Also its not academic as I quoted case no in my query. Pl tell procedure for appeal
Guest (Expert) 20 April 2017
You have been provided enough guidance. No more comments on any supplementary vague academic query.
Ms.Usha Kapoor (Expert) 21 April 2017
Agree with experts.
Dr J C Vashista (Expert) 21 April 2017
Well analysed and advised by experts, nothing more to add to this vague academic query.
RAGHU (Querist) 21 April 2017
So Experts do not know appeal procedure against consumer court orders but willing to support a judge's action in dismiss order of an execution order. The judge favoured OP who did not care about court summons,not abide by Judgement order and on top allowed to put conditions on complainant to part with product without realising compensation. Judge would have ordered OP to deposit money in court if he is incapable of execution. Therefore pl dont beat around the bush and refrain from comments like vague/academic. Pl read judgement online on case no EA/38/2016 4TH ADDL court, district forum, Karnataka
Guest (Expert) 21 April 2017
Mr. Raghu,

Experts are not liable to suggest any appeal procedure just to solve your academic exercise, not being a real problem.

Don't try to be over clever to hoodwink the experts by your exploiting statement, like, "So Experts do not know appeal procedure against consumer court orders but willing to support a judge's action in dismiss order of an execution order."

Had there been a real problem and you would have been so concerned with the execution of decree, you could immediately have approached your own lawyer of the case or some more talented lawyer to make appeal or settle your case with the supplier of the product.

Even if your problem relates to some real case, I am of the frank opinion that it is you, who can be held fully responsible for not being ready to settle the case, as you desire refund without return of the product. If you can't trust the opposite party even after judgment, why you expect the opposite party to pose trust on you?

RAGHU (Querist) 21 April 2017
I approached lawyers club to know appeal procedure in a specific case against (Number mentioned)dismiss order. I regret I got no useful reply. Therefore u say we cannot give free info. Dont beat around the bush finding fault with query seeker. I know how to deal with my "real" concern. Thank u
Guest (Expert) 21 April 2017
Mr. Raghu,

When you believe by saying "I know how to deal with my "real" concern" you could have dealt with the problem yourself. So, what was the need to approach the experts of LCI. You could have relied on your own lawyer. Don't think that with your exploiting statements, anybody can be compelled to believe your statement that it is not your academic query.
RAGHU (Querist) 21 April 2017
I did not hire a lawyer and argued the case myself. Judge dismissed the case, displaying his authority letting go the seller who sold defective product. This is not justice. It is arrogance. I am going to highlight product's shortcoming in social network.
Guest (Expert) 21 April 2017
Why stretching the thread unnecessarily, when you have already declared that "Experts do not know appeal procedure" and also that you know "how to deal with my "real" concern"?

If no lawyer was hired, you may hire some local lawyer now, if you have any real concern, other than academic concern.
RAGHU (Querist) 21 April 2017
I now fully realized that I am dealing with empty heads who beat around the bush. Keep beating and blabber about "real" "academic"
concern. Unsure lawyers club!!!
Guest (Expert) 21 April 2017
You seem to be the judge of your own cause, as you have ventured to pass your judgment about the panel of experts of LCI.

It was your own fault, if you were "dealing with empty heads who beat around the bush."

Anyway, best of luck with your fully filled up head! Now along with all fully filled up heads are free to beat in side all the available bushes, if any one of you can find any cash for refund to you for your fabricated refund case without return of product.

Dr J C Vashista (Expert) 21 April 2017
Mr. Raghu mind it, none of us have invited you to post your question.

Thank you for your unwanted, undesirable and unwarranted certification, obligation and commendation to the participating experts.

No more except to stop this thread.

Guest (Expert) 22 April 2017
" Ignorance of Law can not be an Excuse "
Guest (Expert) 22 April 2017
Honorable court had ordered the matter in your favour and you only had refused to collect D/D and had said you would return the article only after encashment of D/D or you need Cash.This is very much Insulting the Court and the Court had dismissed your Case.In Any Court the Learned Counsels/Advocate would only Place "Humble Pleadings" and would never dictate the Honorable Courts.Now you had started insulting the Senior Experts/Senior Advocates Here.Better Mind with whom you are dealing with.


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