Op appearing but not coming before judge

Guest (Querist) 23 May 2018 This query is : Resolved
Sir,

I have filed consumer complaint against prestige cooker seller which got burst. The court issued notice. to OP 1 seller and OP 2 manufacturer. 45 days time over. But till date OP 2 nobody came on behalf. OP 1 comes to court but does not come before the judge, takes the date and goes.

Both OP 1 and OP 2 not filed any reply till date. Judge asked me to file affidavit now.

I cant make out what is plan of action of OP 1 who appears in the court but when case number called out only I go in front of judge, judge asked to call name of OP 1 loudly, but still OP 1 sit calm.

In meantime OP 1 given complaint in police station that I threatened OP 1 at his shop and over phone. Police had called to come to station, I did not go. I asked complaint copy. Complaint copy sent via RPAD, which I did not receive coz I not in town.

Police calling on my phone harassing to come to station. I told that I did not threaten the seller over phone.

I have video recordings of conversation with seller which I have given to consumer court. I have multiple call recordings where seller has confessed he wont give new cooker and wont give compensation to burn victim my mom.

So if anyone can guide me what could be intention of the OP 1 who is cooker seller?

OP 2 never appeared at all till date.

Please help.

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Ms.Usha Kapoor (Expert) 24 May 2018
Since your case is pending before the consumer forum for a reasonably long time Either the company has to replace the current faulty cooker with a new cooker+ damages etc. Or in the Alternative cost of the cooker+ interest till payment or disposal of consumer case+ Exemplary damages.

Guest (Querist) 24 May 2018
But why is seller coming and sitting in the court hall silently? Why he is not standing up when his name and manufacturer name is called out? Why is he not coming near bench clerk desk like the way I do? Tell that.

Ms.Usha Kapoor (Expert) 26 May 2018
IO stick to the same opinion

Hemant Agarwal (Expert) 01 June 2018
1. Consumer Court Trials are classified as "Summary Trials" and there is no legal necessity for ANY of the parties to appear before the judge, irrespective of their presence in the court room at that time and neither OP can be compelled to say or stand & appear before the Court.. There is nothing illegal about it.

2. In the absence of the OP, The Judge is entitled to pass ex-parte orders, on merit basis and the OP becomes liable and bound by it.

Keep Smiling .... Hemant Agarwal

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