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Shanmugam Bobbiliraja   20 July 2018 at 20:56

Interim application rejected

Namasakaram to all experts,

I had filed a memo apart from my main complaint in consumer court. The Opposite parties are 10 in total.

2 of them appeared through advocate and filed affidavits and objections.

but did not file written arguments. They told they will do oral arguments.

Rest of the 8 opposite parties have not appeared at all.

They have been declared exparte.

The memo I filed was taken as IA interim application. This IA filed 3 months back and served copy to OP 1 and 2 advocate. Memo filed and relief asked in memo was adressed to OP 3 to 10. The OP 1 and 2 advocate objected but soon realised that the memo relief i am asking from OP 3 to 10 and not to OP 1 and 2.

today after 3 months the jduge told that he has rejected the memo.

Where he should have passed exparte orders on memo, he has rejected the memo itself. Doing like this is lawful?

Now I want to know the following:

1. If orders are passed in my favor, and the claim that I have made in compensation shall be severally liable to be paid by all the opposite parties who were absent?
2. As 2 of the parties have filed objections and have not filed any document supporting their objections, what stand will the consumer forum take?
3. What the judge did was right or wrong? How can he reject the memo when none of the opposite parties have appeared before the forum?

Can I complain to NCDRC?

I need guidance.

Shanmugam Bobbiliraja   13 April 2018 at 20:59

Accused of giving missed calls - police complaint

Sirs and Madams,
I have posted here with my problem. Nobody replied.

I have been very strangely accused of giving miss calls to my classmate who I have caught bringing copy chit to exam hall. I immediately reported to the invigilator. And she was sent out of the classroom. Now my classmate who got debarred from exams has filed a complaint in police station that since she did not pick my calls I have given false complaint about her to invigilator that she was copying in exam. Police yesterday have called on my cellphone and asked me to come and meet the Sub Inspector. I was not at home so I told I cannot come. Later I talk to a advocate who told that if they call again ask them to send complaint copy to your address. The police constable called again. and I told as I was told to do by the advocate. Upon listening this, he said tell me your home address. I did not tell my home address. I just told I want copy of the complaint which my classmate has given. He told he will somehow send me police notice. I said OK. When I get notice, I will reply through advocate like that I told and kept. Now why I am writing this is, I want to know whether my classmates point will hold water. Because I never called her even once. On the other hand she was texting me on whatsapp and I was not responding at all, as she was bothering too much I replied two times. My version is this. That Never did I call her, nor did I text her. It was she who texted me. To which I responded once or twice. But there was nothing more than that. But she is linking her copy chit to me giivng miss call to her which never happened. The text messages over whatsapp happened 2 years back. And our exams were in december last year.

Though I have not called my classmate even once also. I dont have her number. They simply accusing me of something which I did not do. FIR registered or not I dont know. I have not received any police notice.

Please seniors, gurus, learned men and advocates help me out.

Shanmugam Bobbiliraja   13 April 2018 at 08:30

Classmate gave police complaint because i caught her copying

Sirs and Madams, I have been very strangely accused of giving miss calls to my classmate who I have caught bringing copy chit to exam hall. I immediately reported to the invigilator. And she was sent out of the classroom. Now my classmate who got debarred from exams has filed a complaint in police station that since she did not pick my calls I have given false complaint about her to invigilator that she was copying in exam. Police yesterday have called on my cellphone and asked me to come and meet the Sub Inspector. I was not at home so I told I cannot come. Later I talk to a advocate who told that if they call again ask them to send complaint copy to your address. The police constable called again. and I told as I was told to do by the advocate. Upon listening this, he said tell me your home address. I did not tell my home address. I just told I want copy of the complaint which my classmate has given. He told he will somehow send me police notice. I said OK. When I get notice, I will reply through advocate like that I told and kept. Now why I am writing this is, I want to know whether my classmates point will hold water. Because I never called her even once. On the other hand she was texting me on whatsapp and I was not responding at all, as she was bothering too much I replied two times. My version is this. That Never did I call her, nor did I text her. It was she who texted me. To which I responded once or twice. But there was nothing more than that. But she is linking her copy chit to me giivng miss call to her which never happened. The text messages over whatsapp happened 2 years back. And our exams were in december last year. Please seniors, gurus, learned men and advocates help me out.

Shanmugam Bobbiliraja   12 April 2018 at 19:49

Classmate accused me of giving miss calls

Sirs and Madams,

I have been very strangely accused of giving miss calls to my classmate who I have caught bringing copy chit to exam hall. I immediately reported to the invigilator. And she was sent out of the classroom. Now my classmate who got debarred from exams has filed a complaint in police station that since she did not pick my calls I have given false complaint about her to invigilator that she was copying in exam. Police yesterday have called on my cellphone and asked me to come and meet the Sub Inspector. I was not at home so I told I cannot come. Later I talk to a advocate who told that if they call again ask them to send complaint copy to your address. The police constable called again. and I told as I was told to do by the advocate. Upon listening this, he said tell me your home address. I did not tell my home address. I just told I want copy of the complaint which my classmate has given. He told he will somehow send me police notice. I said OK. When I get notice, I will reply through advocate like that I told and kept.

Now why I am writing this is, I want to know whether my classmates point will hold water. Because I never called her even once. On the other hand she was texting me on whatsapp and I was not responding at all, as she was bothering too much I replied two times. My version is this. That Never did I call her, nor did I text her. It was she who texted me. To which I responded once or twice. But there was nothing more than that.

But she is linking her copy chit to me giivng miss call to her which never happened. The text messages over whatsapp happened 2 years back. And our exams were in december last year.

Please seniors, gurus, learned men and advocates help me out.

Shanmugam Bobbiliraja   06 April 2018 at 21:33

Time limit for op to appear and file reply

Under Consumer Protection Act What is the time limit for opposite party to appear after issue of notice? is it 30 days time given to appear? or no time limit for appearance of opposite party? and once the opposite party appears. 45 days time limit to file reply? But the consumer complaint as per Consumer Protection Act should be decided within 90 days. The judge has told given 15 days time for petitioner to file affidavit/evidence. Case filed on January 1, 2018. Today is April 6, 2018. Already 90 days over and the case should have been disposed off. But day before yesterday opposite party appear and filed objections. That is on April 4, 2018. How time limit is calculated? If this itself takes 1 year. What are rules for first appeal?

Shanmugam Bobbiliraja   06 April 2018 at 14:40

Time limit for op to appear and file reply

Under Consumer Protection Act:
What is the time limit for opposite party to appear after issue of notice?
is it 30 days time given to appear?
or no time limit for appearance of opposite party?

and once the opposite party appears. 45 days time limit to file reply?

But the consumer complaint as per Consumer Protection Act should be decided within 90 days.

The judge has told given 15 days time for petitioner to file affidavit/evidence.

Case filed on January 1, 2018. Today is April 6, 2018.
Already 90 days over and the case should have been disposed off.
But day before yesterday opposite party appear and filed objections. That is on April 4, 2018.

How time limit is calculated?

If this itself takes 1 year. What are rules for first appeal?