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Shaji Joseph (Lawyer)     29 July 2007

Consumner Protection Act

Can a consumer forum has powers to set aside an exparte order passed by it. Or an appeal needs to be filed before the State Commission


Learning

 3 Replies

bupesh (n/a)     09 September 2007

A consumer court has power to set aside the exparte order. Previously an appeal needs to be filed. Though there is no express provision uner the act to file such application, courts have held that such an application is maintainable. The view of the High Court & Supreme Court is that when the forum has power to make an exparte decision, then the forum is vested with the powers to set aside the same.

Srinivas.B.S.S.T ( Advocate)     08 June 2008

As per Section 13 (4) of the Consumer Protection Act, the District Forum shall have the same powers as are vested in a civil court under code of civil procedure and as per clause vi of the said section the Forum has capacity to set aside exparte order. If you require I can provide you a citation also.

RADHA PYARI SRIPADA (ADVOCATE)     19 March 2010

can i have a citation preferably from AP state commission if any . If not any other latest citation on this aspect.

srp.

Originally posted by :Shaji Joseph
" Can a consumer forum has powers to set aside an exparte order passed by it. Or an appeal needs to be filed before the State Commission "

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