Exparte orders passed in consumer fora
Consumer Complainant
(Querist) 18 June 2018
This query is : Resolved
Sir and madam,
My fan wiring burst and that is why I filed case in consumer fora.
My case out of 6 parties, one is fan company owner by name crompton greaves. Another 5 parties are, 1 seller who sold the fan. parties 3, 4 , 5, 6 are KPTCL officers and workers. KPTCL is Karnataka Power transmissoin corporation limted.
Part 1 and 2 appeared but did not file any reply for 90 days.
On 90th day one advocate appeared and told he will file vakalath and objections.
I gave a memo stating that as per NCRDC guidlines and supreme court guidelines only 45 days maximum time limit for opposite party to file reply from date of issue of notice.
Here is HON SC guidelines
"The Supreme Court held that the District Forum can grant a further period of 15 days in addition to the 30 days (from the date of notice) provided for in section 13 of the Act to the opposite party for filing his version or reply and not beyond that. It was held that the view expressed by the three Judge Bench of this Court in Dr. J.J. Merchant & Ors. v. Shrinath Chaturvedi [(2002) 6 SCC 635] would prevail as the judgment delivered in this case holds the field. .Supre"
President taken the memo. But also told advocate filed vakalath already.
vakalath he was filing on 90th day. but did not file any reply.
In the memo I mentioned it is wrong in law to accept vakalath form on 90th day and should have passed exparte orders.
President told 3,4,5,6 are exparte. 1 and 2 file objections.
Now should I file execution petition for exparte orders issued against OP 3,4,5,6?
Meanwhile yesterday same advocate filed vakalath form on behalf of OP 3,4,5,6. and also filed a applicaotin asking to set aside exparte orders of OP 3.4.5.6.
in his set aside applicatoin OP lawyer says, OP 3,4,5,6 were gone on leave, all notice was in cupboard and now they came to know about notice.
How to tackle this?
Should I give execution applicaiton for exparte orders passed for OP 3,4,5,6?
or file objections to application given for setting aside exparte orders agaisnt OP 3,4,5,6?
Consumer Complainant
(Querist) 18 June 2018
I have asked under RTI act how can president overrule CP act sectoin 13 rules? I have asked how can president of consumer fora sideline Hon SC guidelines in
A three member bench of Supreme Court comprising Justice Anil R Dave , Justices Vikramjit Sen and P C Ghose , while disposing the civil appeal nos.10941-10942 OF 2013 under Consumer Protection Act,1 986 of New India Assurance Co . Ltd versus Hilli Multipurpose Cold Storage Pvt Ltd held that
the District Forum can grant a further period of 15 days to the opposite party for filing his version or reply and not beyond that .
Consumer Complainant
(Querist) 19 June 2018
Plus exparte orders copy forum has not given to me. Before court gave it, OP lawyer filed set aside application. What to do? Shall I file execution petition?
Raj Kumar Makkad
(Expert) 14 December 2019
Law of limitation in consumer fora is very liberal/ You cited a judgment of Hon'ble Apex Court which holds good but the same stands overruled and now there is liberal approach in such matters. It shall be better to wait for the reply of the opposite party so that the matter may be decided on merits otherwise it shall take more in disposal and ultimate sufferer shall be none other than you.
