Upgrad LLM

clarification with regard to consumer complaint (dist forum)


Respected Sir,

I'd filed a Consumer Complaint with regard to my Flat issue in Dist Forum (as the Builder had absconded, leaving it incomplete (mid-way) upon getting full amount (incl Loan amount) by forgery my signature on Bank's Disbursement paper's).

For around 2 Yrs (from date of initation to till date), the complaint was not moving in any direction (with no proper initative (actions) from my advocate and then, due to No response from Opp. Parties).

All of sudden, my advocate said - "Court ordered (permitted) to file Ex-Parte Affidavit, as there's no response from Opp. Parties" and then asked to pay 2nd installment (i.e 2nd 25%) of the Case Amount, before filing the affidavit.

Accordingly, last week, we filed the Affidavit in the court and the Judge gave us the Order date as this weekend.

After this, My Advocate called me to clear the Balance Due (i.e remaining 50%) saying, "Ex-Parte Order date is set, with a small arguement that day, order will be issued. Thereafter, Opp Parties have to stick onto the Orders. Incase, if they not (even after 45 days), court will iniatate 'contempt of court proceedings' on the opp. parties".

However, per my Knowledge (obtained in this forum ie. Lawyers Club), Ex-Parte Order is just an Interim Order. Incase Opp. Parties respond (within 45 days), then based on arguements, Final Order will be made (decided) and Incase they do not respond even after 45 days (of Order date), then Ex-Parte order becomes Final Order. After the Final Order, Complaint to have Execution Petition (E.P) asking the court to permit to proceed on its order.

So, my Promblem is - I feel, my advocate is trying to exploit me i.e take full amount after Ex-parte order and then escape from further proceedings/process. However, if he is correct (i.e his words are genuine), then i do not have any issue in paying the balance amount.

Hence, Kindly someone pls advise - who is correct and how to proceed further on this case and with the Advocate.

Incase, after taking the full amount, if the advocate escapes from further proceeeding, is there anything, that i can do ?

Pls Note:- I've posted this Article, with lot of hopes (on couple of advocates, whom i believe, are kind hearted and are eager to help the common people). Hence, incase of No Resonse, i believe, it's like open betrayal of the common people, coz i do not reason for not responding to this posting, hence i believe, it can be considered as an act to protect other fellow advocate.

However, i believe, above stmt is incorrect and hence, sincerely appologise for the same.

Kindly take time to advise on this issue.







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