Repeated adjournments without reason in Consumer courts...

Praveen Kumar (Querist) 29 March 2010 This query is : Resolved
I have filed a case in a consumer court. The opposite party has filed a vakalat stating who is representing them. After that they are not even appearing in the court for any hearing and the judge too is just giving ajournments in one month periods. So far 5 such adjournments have been given. According to Consumer Protection Regulations, 2005 and even a Supreme Court Order in the case of Civil Appeal No. 7975 of 2001, it has been clearly stated that the opposite party can have only a maximum of 45 days to file their version. In this case they are not even appearing, let alone asking for adjournments. What can be done by me to inform that court that they have to now decide on the case or take the next step?

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Adv Archana Deshmukh (Expert) 29 March 2010
Next time take objection on their application for adjournment and file an application to pass the order of 'no say' against the opponant and proceed with the case without their version.

Tribhuwan Pandey (Expert) 29 March 2010
You may file a writ under article 227 of the Constitution of India before concerned High Court for expeditious disposal of the case on the grounds as you have mentioned in quarry amongst others.

Raj Kumar Makkad (Expert) 29 March 2010
I do agree with the opinion of all experts on this subject.

Guest (Expert) 29 March 2010
I do agree with experts

Parveen Kr. Aggarwal (Expert) 30 March 2010
When nobody is appearing on behalf of the opposite party then on whose request the Consumer Forum is granting adjournment?
A Consumer Forum has no jurisdiction to adjourn a case beyond forty five days for the purpose of reply of the Opposite Party. This is clearly against the statutory mandate in the Consumer Protection Act, 1986 as well the Supreme Court order mentioned by you. You must bring it to the notice of the Consumer Forum that the order of granting such an adjournment is not only without jurisdiction but also in contravention of the provisions of law.

adv. rajeev ( rajoo ) (Expert) 30 March 2010
You can press for the order of NO objections by the other side. If consumer court officer is not heeding your submission say him to record your submission,dnt hesitate to submitt before the court when court is at wrong side.

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