Consumer case procedure

software consultant

i filed a consumer complaint and i am representing myself.  it's been more than 3 months since the notice was issued to opposite parties and they haven't filed the counter yet.

 

i couldn't attend the last adjournment because of ill health and when i went to the consumer forum the next day to check the status of my case, the bench clerk told me to get the same from case diary. The status of the case in the case diary reads as below: -

 

"Complainant called absent. No representation. The counsel for the OP filed. Written version without issuing notice to the complainant stating that on the previous adjournment the complainant refused to receive notice stating that, Unless he go through the written version. He won’t receive notice. Today the counsel for the OP also ready to file written version. Today the complainant called absent and the complainant is also not present to receive the costs. In view of the above reason receive the  written version of OP  matter is posted 17/04/2014For filing chief affidavits by both parties. OP’s 2 and 3 filed memo adopting the written version of OP1. Memo allowed. "

 

First of all i never told the counsel for opposite parties (OP) that i refuse to accept the notice without going through it.  In fact in the last adjournment held on Mar 20th 2014, the honorable consumer forum itself didn't accept the written version filed by the OP counsel as the same was not filed along with affidavit. The status of the case as on Mar 20th 2014 reads as "No costs paid, written version not filed, At request, Call on Mar 26th 2014"

 

1. I couldn't understand what the honorable consumer forum is trying to convey from the case status as on Mar 26th 2014. Could you please help in understanding what the above case status (Mar 26th 2014)  mean.

2. Does it mean the counsel for OP filed their written version in the court?

3. Does it mean the counsel for OP is ready to file their written version but hasn't filed?

4. Does it mean that the matter pertaining to receiving written version has been posted to Apr 17th 2014?

5. Can the honorable consumer forum direct the complainant and OP to file chief affidavit when the matter related to written version is not yet sorted out?

6. Does it mean i am not going to get the written notice and i have to proceed with chief affidavit?

 

Unfortunately the bench clerk in the consumer forum is of no help. When i put the above questions to him, he told me he too don't know and it's all written in the case diary. Wondering what should i file when the case comes up for next hearing.

 

Last but not least, is the complainant supposed to accept the written notice from OP counsel when the same was not accepted by the honorable forum for not filing an affidavit along with the written version?

 

thanks for your time in advance.

 
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Since the case is posted for 17th Apr., note this carefully.

Don't try to challenge the record of the order sheet of the consumer forum. It is counter-productive and futile.

you can understand simply that no damage is done to your case, yet, when the Forum could have easily dismissed your case on the last date, since you were absent.

Due to time constraint, you can not file your affidavit on the 17th april. Attend the court and pray for time to prepare and file your affidavit in 15 days. note down the next date and file your affidavit without fail on that date.

The next stages are affidavit alongwith supportive document copies by you, cross examination of you as your own witness by way of written interrogatories, reply to interrogatories by way of another affidavit by you, and same three stages for the OP, arguments on the case by both sides and final orders (judgement).

Since you are appearing as party in person extra care is to be taken since empirically it is found that well qualified and highly placed persons too fail as parties in person as they are unable to pursue the case properly. Depending upon your own cost-benefit analysis, consider engaging an advocate, if necessary.

 
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software consultant

Thank you chandrasekharan garu. In the yesterday's hearing i was given couple of weeks time to file chief affidavit. As mentioned earlier, unfortunately the bench clerk is not helping me in procedure related matters. During the first hearing of my case, i saw the counsel for opposite parties giving money to the bench clerk after filing vakalat. i don't know to whom i should report this to and how the consequences are going to be. So i kept quiet thinking that this is how the system runs in this country and i have to live with it. 

 

I searched this website for a "affidavit in chief" template/format but in vain. I really appreciate if you could help me by providing a template/format for "affidavit in chief".

 

Once again thanks for your time.

Originally posted by : k.chandrasekharan

Since the case is posted for 17th Apr., note this carefully.

Don't try to challenge the record of the order sheet of the consumer forum. It is counter-productive and futile.

you can understand simply that no damage is done to your case, yet, when the Forum could have easily dismissed your case on the last date, since you were absent.

Due to time constraint, you can not file your affidavit on the 17th april. Attend the court and pray for time to prepare and file your affidavit in 15 days. note down the next date and file your affidavit without fail on that date.

The next stages are affidavit alongwith supportive document copies by you, cross examination of you as your own witness by way of written interrogatories, reply to interrogatories by way of another affidavit by you, and same three stages for the OP, arguments on the case by both sides and final orders (judgement).

Since you are appearing as party in person extra care is to be taken since empirically it is found that well qualified and highly placed persons too fail as parties in person as they are unable to pursue the case properly. Depending upon your own cost-benefit analysis, consider engaging an advocate, if necessary.
 
Reply   
 
software consultant

Thank you chandrasekharan garu. In the yesterday's hearing i was given couple of weeks time to file chief affidavit. As mentioned earlier, unfortunately the bench clerk is not helping me in procedure related matters. During the first hearing of my case, i saw the counsel for opposite parties giving money to the bench clerk after filing vakalat. i don't know to whom i should report this to and how the consequences are going to be. So i kept quiet thinking that this is how the system runs in this country and i have to live with it. 

I searched this website for a "affidavit in chief" template/format but in vain. I really appreciate if you could help me by providing a template/format for "affidavit in chief".

Once again thanks for your time.

 

 

 

Originally posted by : k.chandrasekharan


Since the case is posted for 17th Apr., note this carefully.

Don't try to challenge the record of the order sheet of the consumer forum. It is counter-productive and futile.

you can understand simply that no damage is done to your case, yet, when the Forum could have easily dismissed your case on the last date, since you were absent.

Due to time constraint, you can not file your affidavit on the 17th april. Attend the court and pray for time to prepare and file your affidavit in 15 days. note down the next date and file your affidavit without fail on that date.

The next stages are affidavit alongwith supportive document copies by you, cross examination of you as your own witness by way of written interrogatories, reply to interrogatories by way of another affidavit by you, and same three stages for the OP, arguments on the case by both sides and final orders (judgement).

Since you are appearing as party in person extra care is to be taken since empirically it is found that well qualified and highly placed persons too fail as parties in person as they are unable to pursue the case properly. Depending upon your own cost-benefit analysis, consider engaging an advocate, if necessary.
 
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