Gopal Krishna Behera (Advocate Orissa High Court Cuttack.) 13 September 2009

Time/Adjo limit for filing of Counter in Consumer Complaint.

In a Consumer Complaint, before the District Consumer Disputes Redressal Forum, inspite of objection by the counsel for the complainant, the counsel for the opposite parties, after his appearance, has already sought for five adjournments for filing of Counter / Written reply. Please guide, how many adjournments/ how much time can he be granted for filing of counter/wriiten reply in a consumer complainant case.

Reply Follow

4 Replies

gfhgfh (hfh) 15 September 2009

as such no specific provision is there in CPA. bt since C.P.C. is normally applied in consumer forum. so it talks bout max. of 90 days

Thyagarajan (Property management) 02 October 2009

If the President of the Forum specifies date by which the respondant had to file the counter, and if he does not do so you can claim cost of adjurnment. I have got Rs 500 once and Rs 200 another time. Also the cost awarded in end will be exemplary for long delays

Regards

V.T.Venkataram (Advocate and Consumer Activist) 06 October 2009

Whenever, any opposite party asks for adjurnment, keep a memo ready to be filed for demanding a minimum of Rs 500/- from the opposite party for having sought adjournment.

The application should be filed under Rule 11(2) of the Consumer Protection Regulations, 2005.

Rule 11 of the Consumer Protection Regulations, 2005., states as follows :-

11. Adjournment.-(1 ) Every proceeding before a Consumer Forum shall be conducted as expeditiously as possible and as per the requirements of the Act.

(2) The Consumer Forum shall record the reasons for any adjournment made by it.

(3) The cost of adjournment, if asked by the opposite party or parties, shall not be less than five hundred rupees per adjournment and could be more depending upon the value and nature of the complaint as may be decided by the Consumer Forum.

(4). The complainant, appellant or petitioner, as the case may be, may also be burdened with cost unless sufficient cause is shown for seeking adjournment:

Provided that in the circumstances of a particular case, the amount of cost imposed may be less than five hundred rupees but in no case less than one hundred rupees.

(5) The cost imposed may be given to the other party or parties to defray his or their expenses or be deposited in the Consumer Legal Aid Account to be maintained by the respective Consumer Forum, as the Consumer Forum may order.

(6) If any adjournment is granted without awarding cost, the order sheet shall mention the reasons thereof.

(7) All orders adjourning the matter shall be signed by the President and members constituting the Bench and not by the Court Master or Bench Clerk.

(8) Non-availability of a lawyer who is representing the party shall not be a ground for seeking adjournment of the matter unless absence is beyond the control of the lawyer such as his sudden illness or bereavement in the family.

Kanaksinh P.Boda (Educationist/Lawyer) 19 November 2009

In my case, in the Court of the Registrar of District Consumer Forum, O.P. applied for adjournment, to which Registrar expressed inablity, as he was not permitted to extend pretrial filings beyond 45 days and asked the lawyer of OP to approach the President, who in turn ordered to pay fine of Rs.500 to the Fund and Rs.500 to myself.