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kiran (student)     30 April 2012

Section 13 of cpa, unnecessary adjournment

I have filed complaint in dist. forum. In that complaint opposite party is not filing their version and taking the adjournmnets for the same without any cause and the forum also giving the same to OP. they have not awarded any cost also for taking such unnecessary time and for adoption of unfair tactic.

I have requested forum to go on with the case as per Section 13 (2) (b) but forum dint agreed to same. I have also prayed to put a cost on OP as per regulation and section 13 (3A). for this they awarded the cost of Rs.100/- which is again a violation of regulation 11(3) of CP act.

I have filed the Revision petiton against this in karnataka State commission.

I have moved an apllication with a prayer of interim order and direction to be issued to Dist. Forum to go as per the 13(2)(b) and decided the complaint and not to accept any version of Repondent as they failed to do so within 45days or more time which they have already enjoyed and to direct theDist. Forum not to grant any adjournments to Respondent. next hearing in DCDRF is cheduled on15 may 2012, is it possible to get the interimorder as stated above from State commission to DCDRF before it.

What is the points to be argued before State commission to succeed in it..



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 April 2012

You can argue on the dates given by the forum and you argue that case has to be decided within 3 months

JANAK RAJ VATSA (ADVOCATE)     30 April 2012

you should forcefully argue about the inordinate delay by the district consumer court as also about the manner in which the respondent is being allowed to make a mockery of the statutory provisions in the CPA

Ram Gopal Singh (Executive - Legal)     30 January 2013

what is adjournment cost? if a lawyer mentioned in its vakalatnama, that "the adjournment costs whenever order by the court shall be of the advocate which he shall receive and retain himself", what is its impact as to client?

 

Thanks & Regards,

Ram Gopal Singh 


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