Memo for cost of adjournment and No Say in Consumer Court
Praveen Kumar
(Querist) 22 April 2010
This query is : Resolved
Please help me by giving a format for filing a Memo for Cost of Adjournment in a District Consumer Court. I also need a format to file a Memo for requesting the Court to rule a 'No Say' against the opposite party as the opposite party has not come to the court even after 5 adjournments to file a version itself. Please also let me know if any document or support is to be filed along with the memo.
I also have a query if I can file a Memo for cost of adjournment for adjournments given on previous 3 dates.
In case it is not possible to write it as text in this page, please attach a file or upload the document to the uploads section or you can mail me at ipraveen@yahoo.com.
I will be greatly obliged for the help and many thanks in advance.
Raj Kumar Makkad
(Expert) 22 April 2010
There is no word as used by you "cost of adjournment" in Consumer Protection Act, 186 as amended up to date.
I think you are misconceived. No cost is required to be paid in the given case. Cost sometime can be imposed by Courts/fora which is generally paid to opposite party on the next date of hearing or in the legal Services Authority. Oral request to impose the cost is sufficient.
Daksh
(Expert) 24 April 2010
Mr.Praveen Kumar,
Under Consumer Protection Act there is no prescribed format for making your representation and as it is evident from your mail under reply (which does not seems to be evidently correctly understood by Mr.Raj Kumar Makkad)apart from cause title of the case you may mention :
That for more than last five occassions the respondents are seeking unnecessary adjournments taking the process of this Hon'ble Court for granted against the principle of justice, equity and fairplay.
That it is evidenced from the conduct of the respondents that neither they have a valid defence nor they are interested in contesting the matter as such in the fitness of things it would be in the interest of justice that the respondents are proceeded ex parte or in the alternative the cost of seeking adjournment for more than five occassions be imposed on the respondents for allowing them to file their response if any in the matter.
IT IS PRAYED ACCORDINGLY
Claimaint
through
__________
Best Regards
Daksh
