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priyank prasad   24 June 2015

Opposite party absent, how to proceed ?

I am appering in person for a case against the builder of my apartment, he has received the notice from the state commision for submitting his version on 7 th feb 2015, his advocate has appered once on 19th march 2015, but not submitted his version and asked time for the version, court has given time up to 20th april 2015 on that date he has not appered in front of the court and sent message through his messanger that he is not well, court again gave him the extension for the version submission up to 24th june 2015, but on this date also he has not appred in front of the court. Every time he is not appreing but court is giving him new dates for the version submission, because of him my time is getting wasted and case is not coming to any conclusion.

please help me and tell me how to proceed, and how to force court for the ex-parte hearings if next time also he is not appering and what will be the procedure to proceed.

next date for file version is on 03-07-2015, i have only one week time but dont know how to go about, pls help.



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 5 Replies

Suri.Sravan Kumar (senior)     24 June 2015

The maximum time limit for filing written statement by the Opp Party as per the consumer protection Act is 45 days. If the OP fails to file WS even after 45 days you can ask the forum/State commn to forfeit the right of the Opp Party to file WS.

priyank prasad   24 June 2015

Sir,

it has been around 4 months since the date OP received the court notice, so definately he doesn't have right to file WS, but still court is giving him more time. even today i requested the hon'ble judge to move the case for the next stage, but they are not agree and told that they will wait for his version. 

one advocate who was present there suggested me to file " evidences in the form of affidavit" , to proceed and i also found the format for the same in this site. but how it should be used i have no idea, and in which stage it should be submitted. sir can you pls help me in this regard.

 

Adv Shrikiran.B (Advocate)     25 June 2015

Dear Priyank,

Since 4 months have been passed, the Respondent truly does not have any legal right to file his written statement. As the Respondent has been given the date 03-07-2015, see if he files the written statement on this day. If not, then you can file a petition for speedy disposal of the case and plead the Hon'ble Commission to set the Respondent Ex parte.The judge might listen to you.

 

 

priyank prasad   25 June 2015

Sir , thanks for the reply . You have suggested to " file a petition for speedy disposal of the case and plead the Hon'ble Commission to set the Respondent Ex parte" sir how to file this petition ? Can you pls provide some format for the same?

priyank prasad   25 June 2015

My complaint was submitted with affidavit which was having copies of all the evidences. Whether I need to submit again " evidences in the form of affidavit " and when it will be required ? Also when my all the origional documents will be varified ?

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