{Balu manikantan} SUBRAMANYAM (Practising Advocate) 11 May 2015

Consumer forum and appeal

District consumer forum has awarded some amount to the consumer.But the consumer is unhappy and for the compensation he appealed to the state consumer forum to award compensation and matter is in the admission stage without any hearing.In the mean time the respondent has sent a demand draft as orderd by the district consumer forum to the consumer/plaintiff.

Can the consumer/plaintiff encash the demand draft sent by the respondent/o.p. Does the acceptance of the demand draft becomes bar/impediment for the appeal.what will be the position ?.....Please suggest..... thank you

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2 Replies

Jeetender Gupta (Advocate) 12 May 2015

Encashment could be treated as acceptance. File an appeal. And submit before enhancement that encashment be allowed without prejudice to your rights in the appeal.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 17 May 2015

You hold the demand draft with you. You will be called to the court for admission hearing. At the admission hearing you will have to briefly present your case of appeal giving reasons therefor. While presenting your case, tell the court that you have received the damand draft for the amount ordered by the Forum and seek permission of the Commission to encash the draft without prejudice to your appeal before the Commission. You can keep your request in writing with you and depending on the reaction of the Commission to your request, you, may or may not submit the letter to the Commission.