Rajesh Patil 15 June 2018

Working of state commission

I had substandard medical treatment from dentist. I filed a case against him in District Forum. District Forum delivered judgment in my favour. Dentist filed appeal in State Commission. I have prepared written statement to counter each point in his Appeal. Let us call this as ‘Reply to Appeal’.

I want to know :

i) whether I have to submit ‘Reply to Appeal’ at State Commission or argue orally without submitting written statement (‘Reply to Appeal’) ?

ii) If I should submit ‘Reply to Appeal’ to State Commission, should I submit three copies, or one copy will suffice ? What is rule in this matter ?

iii) Is it mandatory by law to send copy of ‘Reply to Appeal’ to opposite party? If yes, it is legal to send soft copy (by e-mail) ?

Kindly enlighten.

Yours faithfully,

Rajesh

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9 Replies

TGK REDDI 15 June 2018

Filing Written Arguments or addressing Oral Arguments is not mandatory. Many advocates address Oral Arguments but hesitate to file Written Arguments which don't allow to deny their averments.

I give preference to Written Arguments which may bind the Commissioners.

Better furnish the opposite party with hard copy, get his signature on Commission's copy and file this.

1 Like

Rajesh Patil 17 June 2018

Dear Sir,

My heartfelt thanks to you for your reply !

However, I do not understand the last part of last sentence i.e "get his signature on Commission's copy and file this."

Do you mean that I should get doctor's signature on the copy to be submitted to State Commission ?

Kindly enlighten.

Yours faithfully,

Rajesh.

TGK REDDI 17 June 2018

Yes, Dentist's. The Commission will then not direct you to furnish a copy of the arguments to the Opposite Party.

1 Like

Rajesh Patil 18 June 2018

Dear Sir, again my heartfelt thanks to you for your reply !

Being ignorant of workings of law and its nuances, I still have a doubt. I highly appreciate your efforts to explain a lay person with your knowledge, experience and 'tricks of trade' of law.

Last sentence of your first reply is "

Better furnish the opposite party with hard copy, get his signature on Commission's copy and file this."

In second reply you say "

The Commission will then not direct you to furnish a copy of the arguments to the Opposite Party."

My understanding : 1. Get dentist's signature on copy to be submitted to State Commission. ( This pont is clear)

2. Whether I have to provide a hard copy of arguments to dentist too for his reference ( for keeping with himself) or I need not provide him hard copy to keep with himself (for his reference and study).This point is not yet understood. Please explain.

Kindly enlighten.

Yours faithfully,

Rajesh.

TGK REDDI 18 June 2018

Yes. You are to furnish a copy to the Opposite Party.

Three copies are necessary. One for the Opposite Party, one for the Commission and one for your record. Signature of the Opposite Party on the copy of the Commission is necessary. After getting the signature of the Opposite Party, the Petition is filed. The Commission will see the signature of the Opposite Party on its copy, satisfies itself that the Opposite Party is duly informed and fixes date of adjournment.

If the signature of the Opposite Party is not obtained by you? Catastrophe? No. Not at all. The Commission will instruct you to furniish a copy and will tell the Opposite Party to file a Memo acknowledging its receipt. Your time will be wasted unnecessarily.

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Rajesh Patil 18 June 2018

Dear Sir,

My heartfelt thanks to you for your reply !

Very clear explanation in simple language. I have understood all the points you explained.

One more small doubt. You said

"After getting the signature of the Opposite Party, the Petition is filed"

Word 'Petition' is bothering me.

Does 'filing a petition' here means 'submitting written arguments to State Commission' against appeal filed by the dentist ?

Kindly enlighten,

Yours faithfully,

Rajesh Patil

TGK REDDI 18 June 2018

Yes, yes. You're right. In this case, not petition, but Written Arguments. In general, the procedure is applicable to petitions, memos, interrogatories and what not.

1 Like

Rajesh Patil 19 June 2018

Dear Sir,

Thankyou very much for your reply !

You are doing great humanitarian service to common-folks of India. It is because of samaritans like you that common folks still have faith in humanity and hope from judicial system of country.

I hope in future too, I shall have benefit of your guidance.

Thanking you,

Yours faithfully,

Rajesh Patil

Raghavender (Software Consultant) 21 February 2021

Dear TGK Reddi garu,

I have a similar situation. My query is when opp party files an appeal before State Commission against the order of district commission and is in admission stage with a call for records...

1 what is complainant expected to file immediately ? [ Written Statement or Counter ? ]

2 what are the stages through which appeal goes?

3 Does the complainant file evidence again, evidence affidavit filed earlier before District Forum has not been included in appeal ?

4 Records have been called for. Does that include evidence and earlier arguments ? or complainant needs to furnish them once again?
Appreciate your valuable expert comments , as I am a party in person.

Regards,

Raghu