Exparte partial orders in consumer forum


Sir and madam, My fan wiring burst and that is why I filed case in consumer fora. My case out of 6 parties, one is fan company owner by name crompton greaves. Another 5 parties are, 1 seller who sold the fan. parties 3, 4 , 5, 6 are KPTCL officers and workers. KPTCL is Karnataka Power transmissoin corporation limted. Part 1 and 2 appeared but did not file any reply for 90 days. On 90th day one advocate appeared and told he will file vakalath and objections. I gave a memo stating that as per NCRDC guidlines and supreme court guidelines only 45 days maximum time limit for opposite party to file reply from date of issue of notice. Here is HON SC guidelines "The Supreme Court held that the District Forum can grant a further period of 15 days in addition to the 30 days (from the date of notice) provided for in section 13 of the Act to the opposite party for filing his version or reply and not beyond that. It was held that the view expressed by the three Judge Bench of this Court in Dr. J.J. Merchant & Ors. v. Shrinath Chaturvedi [(2002) 6 SCC 635] would prevail as the judgment delivered in this case holds the field. .Supre" President taken the memo. But also told advocate filed vakalath already. vakalath he was filing on 90th day. but did not file any reply. In the memo I mentioned it is wrong in law to accept vakalath form on 90th day and should have passed exparte orders. President told 3,4,5,6 are exparte. 1 and 2 file objections. Now should I file execution petition for exparte orders issued against OP 3,4,5,6? Meanwhile yesterday same advocate filed vakalath form on behalf of OP 3,4,5,6. and also filed a applicaotin asking to set aside exparte orders of OP 3.4.5.6. in his set aside applicatoin OP lawyer says, OP 3,4,5,6 were gone on leave, all notice was in cupboard and now they came to know about notice. How to tackle this? Should I give execution applicaiton for exparte orders passed for OP 3,4,5,6? or file objections to application given for setting aside exparte orders agaisnt OP 3,4,5,6?

I have asked under RTI act how can president overrule CP act sectoin 13 rules? I have asked how can president of consumer fora sideline Hon SC guidelines in A three member bench of Supreme Court comprising Justice Anil R Dave , Justices Vikramjit Sen and P C Ghose , while disposing the civil appeal nos.10941-10942 OF 2013 under Consumer Protection Act,1 986 of New India Assurance Co . Ltd versus Hilli Multipurpose Cold Storage Pvt Ltd held that the District Forum can grant a further period of 15 days to the opposite party for filing his version or reply and not beyond that . 

Plus exparte orders copy forum has not given to me. Before court gave it, OP lawyer filed set aside application. What to do? Shall I file execution petition?

 
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Advocate

Please do not go on repeat "Shall i file execution petiton" against exparte orders issued against OP 3,4,5,6?"

Please understand - by saying OPs exparte - all that the Forum meant was that they will not be permitted to file their reply and that the order (whatever it may be) will be passed without hearing them.  That's all.  NO CLEAR CUT ORDER FOR OR GAINST such OPs have been passed by the Forum so far.  As such, without any such final order having been passed against the OPs 3 to 6, the question of your filing any execution petition at this stage simply does not arise.

Now, as regards filing of application for recall of the ex-parte order, it is their legal right.  If you so wish, you can oppose citing all the points that you want to cite as to why such an application should not be entertained.

In regard to the Forum having permitted the OP 1 and 2 to file the reply, if you so wish, you can appeal against that order to the State Forum.

As regards your RTI queries:  

You can only seek information from any public authority.  But you cannot interrogate them.  Your asking under the RTI Act, "how can president overrule CP act sectoin 13 rules? .. "how can president of consumer fora sideline Hon SC guidelines ....." are clearly in the form of Interrogation and they may refuse to provide any information.

 


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That’s what I was also thinking.  Supreme court says one thing.  If president does not follow that ruling, what to do? Appeal is the only option left.

 

But regards to asking under RTI it may look from far that I am interrogating the president or questioning his or her judgement skills.  But I was more concerned that if Supreme Court has told something, it should be religiously followed by lower courts, forums etc.  if they are not, then there should be some reason apart from discretionary power, I wanted to know that particular reason.

 

As the OPs  have filed written argument already.  I think I should also file written argument.

 

I went to consumer for a today, all at the office were red hot angry with me, they began asking you don’t believe the judge then judge will get the case transferred the case to some other fora.  My intention was

 

I was more concerned that if Supreme Court has told something, it should be religiously followed by lower courts, forums etc.  if they are not, then there should be some reason apart from discretionary power, I wanted to know that particular reason.

 

The judge wanted to meet me.  He also said same to me.

 

I said “I was more concerned that if Supreme Court has told something, it should be religiously followed by lower courts, forums etc.  if they are not, then there should be some reason apart from discretionary power, I wanted to know that particular reason.

 

Judge told there are no particular directions what to do after passing exparte orders which he has already done by the Supreme Court.

 

That said he asked me to file affidavit next date.  I asked anything else to be filed.  He did not say anything.

 

Now I feel judge is compromised as he did not ask me to file written arguments.  Anyways thank you mr. ramachandra for typing so much, and replying. I was starting to get bit anxious.

 

Thanks again.

 
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