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Rashmi (P manager)     15 September 2012

Verdict delayed and again sent for argument the second time

HI

I had filed a case against a builder in the state consumer forum in 2010 for recovery of amount paid along with compensation for non delivery of the flat which was promised to be handed over in 2008.

At the time of filing the case, we were told by our lawyer that this is a simple case of non compliance with the sale agreement.After many sittings and hearing the case first reached the verdict stage in 2011. Then the state forum judge stated that since the builder had changed his name a fresh vakalat will have to be put in the new name of the same builder and filed for argument again.This was done and the case again went through the filing of the new vakalat and arguments and hearings followed again and the case reached the judgement stage again during March of 2012.

However, every time the verdict day comes, the consumer forum has been delaying the order or verdict.The judgement of this case had till September been reserved 4 times. In September of this year, the judge stated that the case will have to again go for argument the second time round since the other members in the bench(apart from him) had retired and he will not put an order on his own without consulting the other members, who now I presume will have to be appointed.This judge himself is due for retirement in November.

Can anyone suggest what is the legal course available for me in this case? How can I get the state consumer court to issue the verdict without any further delay?

Regards

 



Learning

 2 Replies

rahul (director)     15 September 2012

i think he( the present judge) not willing to deliver the judgment, thats why he is delayiing and in NOV he will retire.

this happen in many courts, judges fear to deliver judgments on certain cases.

BTW, where are you located?

 

 

Ratnesh kumar (Advocate)     15 September 2012

well , there is specific provision under the law that if the judgement is not pronounced in a limited time after the argument than the case again comes back to the argument stage , but in your case it seems thatthe opposite party is quite smart and he is trying to just delay the procedure by various tactis, so my opinion is that u can go to high court and get a time limit for your case or u can ask your advocate to be positive in doing pairvi of your case..
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