New twist in consumer court proceedings
Praveen Kumar
(Querist) 30 April 2010
This query is : Resolved
Through these columns I was able to get the knowledge that when an oppposite party has to file its version in a consumer court, I can ask for cost of adjournments if the opposite party repeatedly asks for adjournments just to file the version. And also per stipulations they cannot get more than 1 adjournment or 45 days whichever is higher. Anyways the last time I gave a memo to the commission for adjournment of costs. The prescribed law is that a minimum of Rs. 500/- has to be given and more if the judge so decides. I asked for an amount much higher saying that it was the salary I was losing coming every time to the court because I was appearing in person. I also attached my appointment letter and pay slip as proof. Instead of deciding on how much to be paid, the judge has served a copy of the memo to the opposite party asking them as to why they should not be charged that amount. Is that correct? I thought that the judge had the authority to immediately decide whether or not to award those charges. And also whether it is good or bad for me that he has asked the opposite party to reply?
mahendrakumar
(Expert) 01 May 2010
before awarding a higher amount as penalty,i feel, it was prudent on the part of the judge to confirm as to what the op has to say on this.
sometimes those adjournments could have been needed due to genuine reasons too.
whether it is good or bad depends upon the reply of the o.p.
disclaimer: mine is not a legal opinion.
