Padma (others) 10 January 2014

What if notice does not reach opponent, (address not found)

Hello all,

Thank you for your valuable suggestions. There is no progress from earlier except for the fact that I was able to get a xerox of the returned envelopes (notice sent to two addresses). The reasons written are 'Not Found' i.e. address not found. The judge is asking me to send it to a third address, which I don't have. I know for sure that these addresses are valid because the company asks people to send their cheques to one of these addresses.

1) I have been told that the court does not send notice by email (not valid). Is that true? Because there is no way they can ignore the email (I have been corresponding with them on that Id.)

2) Also, on asking for an ex-parte ruling, the judge said that the opponent needs to 'receive and read' the notice. So i need to take "steps" for the same. One of these steps, i understand is paper publication. What are the other steps?

3) Even if an ex-parte ruling is given, how is the order enforced? How will anyone make sure that i will be compensated?

4) Lastly, could anyone say with conviction if my case stands a good chance? Is it worth hiring a lawyer? If yes, can I get some idea about how much a lawyer would charge?

thanks a lot!

CASE HISTORY BELOW: (in the reply by myself)

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3 Replies

Padma (others) 10 January 2014

my case history (this was posted as another topic):--------hi, i live in bangalore and i have purchased a piece of furniture (sofa-bed) online from a store in mumbai. the product is however not upto the mark at all. it is stained and not of the quality promised. the company is not willing to take the furniture back and not ready to refund my money either. i have finally filed a case against them and have the notice sent to two addresses, but have not got any response from them. i have attended almost 4 hearings till now over a span of 3 months, without any response from the opposite party. they are in all likelyhood refusing to accept the notice/not acknowledging receipt. I would like to know what are my options from here on. Please help! Thanks

Novice Attorney (-) 10 January 2014

Hello Padma

I believe the matter is pending in the District Forum.

According to Sec. 13(2)(ii) of the Consumer Protection Act, 1986 the District Forum shall proceed to settle the consumer dispute where the opposite party omits or fails to take any action to represent his case within the time given by the Forum on the basis of evidence brought to its notice by the complainant.

adv.raghavan (Advocate,9444674980) 15 January 2014

Yes you have a case,Since they have sold defective goods they liable to make good of that, failing which they have to face the music, you said they are not available in the given address , better go for paper publication now itself (SUBSTITUTED SERVICE), get the case decreed as expartie. then go for Execution of decree. sorry to say it is all time consuming and expensive. You have to decide whether it is worth fighting?