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(Guest)

caveat u/s 148A C.P.C is applicable in Consumer Cases ?

Hello Everyone,

Just wanted to make clear that whether the provison provided under Section 148A of C.P.C i.e Right to lodge a caveat. is applicable in Consumer cases / Appeals ?



 16 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     20 June 2010

NO , YOU CAN NOT FILE A CAVEAT IN CONSUMER FORUM, THIS IS NOT A CIVIL COURT. IT IS A FORUM FOR THE CONSUMER RIGHTS,DEFICIENCY OF SERVICES AND COMPENSATION FOR LOSS ETC.,

1 Like

R.R. KRISHNAA (Legal Manager)     20 June 2010

Caveat can be filed in Appeals.

 

Caveat cannot be filed consumer forums.

 

Best regards.,

DR.SANAT KUMAR DASH (Eye Specialist)     20 June 2010

Whether     Caveat   can     be    vacated    in   Revision     in    the   same   court    or   in    the   higher   court??

Legal Fighter (Advocate)     20 June 2010

Caveat can be filed in State Commission and National Commission for Appeal and Revision Petition.


(Guest)

Thnxx everyone who replied to my query...

But  there is difference of opinion in the above replies. My basic query is that whether caveat can be filed in STATE COMMISSION or NATIONAL COMMISSION in consumer cases ?

 


PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     22 June 2010

NO CONFUTION, IN APPEAL STATE/NATION  FORUMS YOU CAN FILE CAVEAT. BUT NOT IN INTIAL STAGES  AS PROVISIONALS  OF CPC

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     23 June 2010

sir,

As per my knowledge caveat applications not be applicable in tribuals.


(Guest)

@ above all please clear my doubt sir...

kranthi (retainer advocate)     23 June 2010

caveat  u/s 148 is not aplicable in consumer cases

AA RAMAKRISHNAN (SR. ADVOCATE)     28 June 2010

Dear Member:

 In order to maintain the complaint by assuming the status of a complainant under clause-4, it has to be necessarily shown, in the first place that the common complainant itself is a ‘consumer’ numero uno.  When the essential parameter falls to the ground, the supportive facts if any pressed into service
will naturally become ineffective. Though the Consumer Protection Act had made it clear that the provisions of CPC. and the Evidence Act are not to be followed in stricto sensu, however, when it came to filing of the complaint  to oppose a proposed complainant taking undue advantage of getting any earlier relief and it is absolutely necessary to protect the interest of the non-complainant  and in the interest of justice the CPC is pressed into service.  And there is no restriction on the consumer court not to make applicable the provisions of CPC.

Thanks.

AAR. Krishnan

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 July 2010

Caveat is a basic right to inform you before a exparte order is passed against you. So whether provision or not you can always file coveat before any forum.And consumer courts as a rule do not pass any order detrimental to the other side without notice. Yes coveat is there are not they pass orders for stay without notice and notice to opposite party thereafter since it is essential for fairness.

PRAVEEN CHOUDHARY (SERVICE)     05 July 2010

CAVEAT APPLICATION CAANOT BE FILED IN CONSUMER CASES , BECAUSE CIVIL PROCEDURE CODE CANNOT APPLY ON CONSUMER PROTECTION ACT 1986. AS PER MY KNOWLEDGE CONSUMER CASES GOVERNED BY THE NATURAL JUSTICE PRICIPLES.

SO CAVEAT APPLICATION CAANOT BE FILED IN CONSUMER CASES. I

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 July 2010

Mr Ramkrishanan has given all the legal points very nicely.

And what is natural justice it goes above CPC and evidence act.If you say natural justice is to followed caveat is just a name given to particular action, the respondent has to made aware before passing any order against him and this is the basic requirement of natural justice.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     06 July 2010

CAVEAT in a Consumer FORUM ?

 

Question is  :
1.  CAN  "Caveat"  be filed only in a Court
2.  ARE the following a Court.
"Consumer Forum"  or a  "State Commission"  or  a  "National Commission"   composed under the CPAct.

 

Especially so when  provisions of the  CPC and Evidence Act is not applicable to Consumer Forums or Commisions,  as ruled by SC.

 

3.  AND if CPC provisions are not applicable for matters under CPAct,  THEN can one use the provision of  148A of C.P.C   i.e Right to lodge a caveat.

 

4.  HOPE, we don't prejudice ourselves & reliase after reaching the Consumer Forums / Commissions.

 

More on this link :
https://www.lawyersclubindia.com/forum/CONSUMER-COURT-need-NOT-follow-Evidence-Act-or-C-P-Code-21080.asp


 

Keep Smiling .... Hemant Agarwal


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