whether applicant need in hearing of consumer case

Page no : 3

Anil Agrawal (Retired) 22 January 2010

The clear cut answer is that the case will be dismissed if the complainant, despite having been served notices for attendance, fails to be present.

Thyagarajan (Property management) 22 January 2010

Proceedings in the consumer courts follow the principles as lied down in other courts like , civil and criminal courts. Only difference is that they are not prolonging but quick. One of the sections in Cr.p.c that says about the presence of the accused is

205. Magistrate may dispense with personal attendance of accused.

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of' the accused and permit him to appear by his pleader.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of' the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.

Hope this satisfies the point raised

R.Thyagarajan

mahendrakumar (marketing) 23 January 2010

thank you for the detailed reply.however my doubt still is that whether a complainant can choose "Not to be present in person or through representation in consumer court ?i.e requesting the court to take a decision on the case by virtue of the merit/documents presented?I am not seeking an information on exparte judgement.

to make it more clear,can the complainant make a request to the court to take a decision at the time of filing the case itself?

Anil Agrawal (Retired) 23 January 2010

Does it solve your doubt. It is from Consumer Protection Act, 1986

(2) the District Forum shall, if the complaint admitted by it under section 12 relates to goods in respect of which the procedure specified in sub-section (1) cannot be followed, or if the complaint relates to any services,—

(a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum;

(b) where the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Forum, the District Forum shall proceed to settle the consumer dispute,—

(i) on the basis of evidence brought to its notice by the complainant and the opposite party, where the opposite party denies or disputes the allegations contained in the complaint, or

(ii) ex parte on the basis of evidence brought to its notice by the complainant where the opposite party omits or fails to take any action to represent his case within the time given by the Forum.

(c) where the complainant fails to appear on the date of hearing before the District Forum, the District Forum may either dismiss the complaint for default or decide it on merits.