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Santanu Mukherjee (Assistant Manager)     15 November 2014

New problem faced in state level consumer forum

Respected Sir/Madam,

I had lodge a consumer case in district forum in 2012. Honourable District forum pass a judgement in favour of me. My opposition lodge an appeal against in front of state commission. During final hearing the lawyer of our opposition claiming that, though value of the service + claimed compensation is more than 20 lacs. so, this case was not under the jurisdiction of District Consumer forum, therefore, they demanded cancellation of the judgement given by the District Consumer Forum and lodge a request  of relief from obligation to execute the order  imposed on them by the District Consumer Forum   . Though,    this point they have not pointed out in the District Consumer court.

Now my questions are mentioned below –

1.       Can honourable state consumer forum cancel the judgement given by the District Consumer Forum?

2.       If honourable state commission cancelled the said judgement then what will we do?

3.       Can this case lodge again in front of State Consumer forum?

4.       Can all legal proceedings starts from the beginning?

5.       Can all documents, submitted in front of District Consumer Forum, lose their values?

6.       Can you have any suggestion to protect my interest due to this unfortunate mistake?

7.       Why District forum entertain our case? Why they (the District forum) not cancelled our case from the very beginning?

 

If you have the right answer of my questions mention above, please help me, and advise me what shall we do to solve my problem? Please mail me on santanu1106@yahoo.com



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 1 Replies

Dalip Singh (Advocate)     16 November 2014

It's better to engage a local lawyer at this stage.   Contest the appeal effectively.   Only ground has been taken by the appellant is jurisdiction.   The State Commission can now upheld the decision of the District Forum if there is no other ground.   Once the case is decided by the State Commission you would get the answers to all your Qs.  Till then cheers.


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