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Dorai Raj (NIL)     01 August 2011

Time limit for filing op version

 

I filed a consumer complaint (CC) before a District Forum (DF) at A.  The Opposite Party (OP) filed its version.  Simultaneously the OP also filed a CMP challenging the territorial jurisdiction of the DF.  The DF allowed the CMP and returned the CC to me for presenting it before the appropriate forum. 

I presented the CC before the appropriate forum at B and had to pay the institution fee of `.200 a second time.  The OP has filed a fresh version at B totally different from the one filed at A earlier.   This version has been filed long after the expiry of the statutory period of 45 days as stipulated under section 13 (2) (a) of the C.P. Act.  As such the provisions of section 13 (2) (b) (i) are attracted.

Before the revised version was filed by the OP, I filed a petition for amendment of the CC to claim punitive damages besides the compensation already claimed in the original CC.  Since this petition was defective (not in an affidavit format), the Forum expressed its inability to accept it.  I had to withdraw it. 

Now the Forum has fixed a date for filing of affidavit to lead evidence.  I propose to challenge the right of the OP to file its version much beyond the statutory limit of 45 days and to pray for rejection of the version of the OP and not to take it on record.  At the same time, I propose to file a petition once again seeking amendment of the CC to seek punitive damages and enhancement of the compensation.  The Forum has already orally permitted me to do that.  I seek advice on the following issues: 

1.          The chances of the District Forum acceding to my request not to take the OP’s version on record and to reject it?  I think the decision of the Supreme Court in two cases will support me: 

i)        Kailash Vs. Nanhku & others – (2005) 4 SCC 480;

ii)       Dr. J.J. Merchant & others Vs. Shrinath Chaturvedi – (2002) 6 SCC 635,

2.          In the event the Forum accepts my contention and does not take the OP’s version on record and takes ex parte proceedings and in the event my (proposed) petition for amendment of the CC is allowed, will the OP get another opportunity to file its version in reply to the amended CC?  The proposed amendment relates to “Prayer and Reliefs sought” and does not add any new ground in the main CC.

3        How can the OP file an utterly different version, different from the one filed at A?  Is it permissible?

4.          Can I claim refund of the institution fee of `.200 I have paid twice – once at A and a second time at place B and, if so, to whom I should apply and under what provision?

I shall greatly appreciate advice from our learned friends.  Thank everyone of our legal fraternity.

Raj 



Learning

 12 Replies

Anjali Behera (not applicable)     11 November 2011

Answer to question one is that in some extra ordinary cases the consumer forums can use their discretionary powers and allow the ops to file their version late and sometimes after the stipulated time period they can accept the version along with imposed cost for the delay in submission at the same the forum also can deny to accept the version if not filed in time.

Answer to question two is after a party is set exparte to a proceeding the party under no circumstaces will be allowed till the exparte order is set aside if it is applied within reasonable time and reason.Here the forum can deny to accept the version if it is filed lately but they can participate in the proceedings and further hearing merely not accepting their version does not take away their right of participation and right to contest if they are not set exparte.

Answer to question three is your second petition will be taken as a totally fresh petition and without having any relation to the old one  so the op can file their version as they think fit.

 

Answer to question four under no circumstances the fees deposted while filing a complaint is returned and I do not think there is scope for this.

 

I hope this helps.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     23 December 2012

So what happened now?? what stage??

Dorai Raj (NIL)     25 December 2012

The Dist. Forum condoned the delay, accepted the OP version on payment of cost of Rs.2000.  I did not go in for an appeal.  Both the parties have filed their affidavits in evidence.  After arguments, order will follow.

Anjali Behera (not applicable)     25 December 2012

It seems that the forum used its discretionary powers to allow the version of the OP in this case because legally a principle which goes around is that no court can harm someone  which is based on principles of Natural Justice.So now its your time to lead good evidence to prove your case so you get justice.Best of Luck.

Dorai Raj (NIL)     27 December 2012

Thank you for your good wishes.  I propose to cross examine the OP.  I'd like to know if I should submit an interrogatory or summon the OP in person.  Can you suggest the procedure for doing this, please?

Anjali Behera (not applicable)     28 December 2012

No there is no need to summon the op personally as you will be given a chance to cross examine the op so far as he has filed affidavit in the court and you have to submit your intention before the court.There is no need to file the questionnaire as well but for convenience and if you are confirmed that only a particular set of questions will be asked you can prepare a set of four of the questionnaires for the sitting members and yourself so while the cross they will only record the answers to the question saving the time a lot and making the process shorter.But all this happens once it is decided that a cross*xamination is happening basing on the facts and circumstnaces of the case and the op may like to present himself or may want not to , arguements will follow once you requested a cross examination if there is no affidavit attached to the version things will change.

There is nothing to fear just be clean handed and simply place your case before the forum and give true details of the situation that is all.If possible justify with similar judgements.

Dorai Raj (NIL)     19 January 2013

Thank you, Mr. / Ms. Anjali Behera, for your valuable advice.  I'll follow it.

Anjali Behera (not applicable)     19 January 2013

You are welcome,By the way this is a platform to share information and knowledge with each other and if something I know helps someone I become happy.

Dorai Raj (NIL)     29 January 2013

This case is going on in  District Forum Chenna (North).  I am stationed in Coimbatore.  I have to travel 500 km one way for each hearing.  These visits apart from being very expensive, tell upon my health (I am 81 plus).  When there is no sitting of the court — these occasions are very many — I am disappointed and frustrated.  I find that the CONFONET web site is very useful for persons like me to find out the case status and the proceedings.  But the officialos concerned do not care to update the information with the result I miss the dates.  The case was posted on 27 December, 2012.  I am not aware of the proceedings on that date and further.  I seek the help of our learned friends who are in Chennai and frequent the DCDRF, Chennai, to find out the proceedings on 27 December and further.I shall be grateful for this favour.

Dorai Raj (NIL)     29 January 2013

This case is going on in  District Forum Chenna (North).  I am stationed in Coimbatore.  I have to travel 500 km one way for each hearing.  These visits apart from being very expensive, tell upon my health (I am 81 plus).  When there is no sitting of the court — these occasions are very many — I am disappointed and frustrated.  I find that the CONFONET web site is very useful for persons like me to find out the case status and the proceedings.  But the officialos concerned do not care to update the information with the result I miss the dates.  The case was posted on 27 December, 2012.  I am not aware of the proceedings on that date and further.  I seek the help of our learned friends who are in Chennai and frequent the DCDRF, Chennai, to find out the proceedings on 27 December and further.I shall be grateful for this favour.  These are the case details:  CC No. 31 of 2011 = Pratap Ramanathan & Anr vs. The Manager Indian Bank & Anr.

 

Dorai Raj (NIL)     29 January 2013

The details of the case are these:  CC Bi, 31 of 2011 Pratap Ramanathan & Anr. vs. The Manager, Indian Bank & Anr.

Anjali Behera (not applicable)     29 January 2013

oh its really unfortunate that you are suffering such problem..It is the biggest loophole in the law itself and even after 25 years of the enactment no one has tried to take some closure look at the various loopholes in the act so they can be corrected for better performance.Not this one but there are many. I urge friends from the mentioned area to help you in the case by the way have not you hired a lawyer though it is not warranted always but in your case you will be saved from travelling a lot at the age.I hope you will find someone to help you in this any of advocate friend out there..can just show a positive gesture.

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