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rashmiramanath (n/a)     25 January 2009

consumer forum procedure

Respected experts
We had filed a complaint with the state consumer commission against the district forum and the state commission has told that the opposite party has to be added and the appeal is dismissed.can we file a revision petition or a appeal in the same state commission and include the name of new opposite party or is it necessary to appeal at the NCDRC.

please clarify along with symmetric clauses supporting the same.
Thanks and Best regards in advance for the reply
Rashmi ramanath


Learning

 6 Replies

sanjay singh thakur (advocate)     26 January 2009

Dear Rashmiramanath


To appreciate things better you better mail me the copy of order passed by the Ho'ble State Commission. Though for your clarification you cannot file Revision before the State Commission because State Commission don't have power to review the same. Hence Revision is to be filed before the Hon'ble National Commission. Also remember that when you file Complaint case before District Forum than that very order is challenged u/s 15 of the Act by filing an appeal and when order passed in appeal is challenged then Revision against the same lie before the Hon'ble National Commission u/s 21 (b) of the Act.

rajeev (advocate)     27 January 2009

no there is no provision is consumer act to file a review petiton


(Guest)

NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),.ADVOCATE


MOBILE.09325226691, 09271971251


e.mail.adv.nbsawant@yahoo.co.in


e.mail.nandkumarbs@sify.com


REPLY TO QUESTION REGARDING CONSUMER COURT CASE AND APPEAL.


KINDLY NOTE THAT ONCE ANY MATTER IS DECIDED BY ANY COURT , THE PERFECT LEGAL REMEDY WILL BE TO APPEAL TO THE APPEALLATE AUTHORITY WITHIN THE LIMITATION PERIOD.


IN YOUR CASE KINDLY OBTAIN CERTIFIED COPY OF THE JUDGEMENT FROM THE STATE FORUM AND SUBMIT APPEAL TO THE NATIONAL FORUM.


KINDLY WRITE FOR FURTHER DETAILS.


WITH BEST REGARDS


NANDKUMAR B. SAWANT., M.COM.LL.B.(MUMBAI), ADVOCATE


(Guest)

NANDKUMAR B.SAWANT., M.COM.LL.B.(MUMBAI), ADVOCATE


MOBILE.09325226691, 09271971251


e.mail.adv.nbsawant@yahoo.co.in


e.mail.nandkumarbs@sify.com


With reference to the question regarding additional party to the dispute. kindly arrange to send copies of both judgemens .


But in general you have to obtain permission of the court before adding any party to any dispute. I suggest you enclose both certified copies of the judgements including Dist consumer court and state consumer court  judgements and i suggest you approach National consumer court and initially retain the same parties which were there at  Dist consumer court and for adding new party seek permission of National consumer court and also add in your prayers that necessary directions be given to District consumer court to allow to add new party to dispute in the interest of justice equity and good conscious.You may mention the irrepairable loss which may cause to you if not allowed .


You will succeed in your dispute.


KINDLY NOTE THAT NATIONAL CONSUMER COURT IS THE HIGHEST COURT HENCE BE CAREFUL BEFORE SUBMITTING APPEAL TO NATIONAL CONSUMER COURT.INCLUDE ALL RELEVENT DETAILS ABOUT YOUR DISPUTE AND ENCLOSE ALL RELEVENT LIST OF DOCUMENTS TO IT.


In case you require any help you may send copies of both the judgements of Dist consumer court and state consumer court.


Thanks and regards.


NANDKUMAR b.SAWANT., M.COM.LL.B.(MUMBAI),ADVOCATE


(Guest)

NANDKUMAR B.SAWANT., M.COM.LL.B.(MUMBAI), ADVOCATE


MOBILE.09325226691, 09271971251


e.mail.adv.nbsawant@yahoo.co.in


e.mail.nandkumarbs@sify.com


With reference to the question regarding additional party to the dispute. kindly arrange to send copies of both judgemens .


But in general you have to obtain permission of the court before adding any party to any dispute. I suggest you enclose both certified copies of the judgements including Dist consumer court and state consumer court  judgements and i suggest you approach National consumer court and initially retain the same parties which were there at  Dist consumer court and for adding new party seek permission of National consumer court and also add in your prayers that necessary directions be given to District consumer court to allow to add new party to dispute in the interest of justice equity and good conscious.You may mention the irrepairable loss which may cause to you if not allowed .


You will succeed in your dispute.


KINDLY NOTE THAT NATIONAL CONSUMER COURT IS THE HIGHEST COURT HENCE BE CAREFUL BEFORE SUBMITTING APPEAL TO NATIONAL CONSUMER COURT.INCLUDE ALL RELEVENT DETAILS ABOUT YOUR DISPUTE AND ENCLOSE ALL RELEVENT LIST OF DOCUMENTS TO IT.


In case you require any help you may send copies of both the judgements of Dist consumer court and state consumer court.


Thanks and regards.


NANDKUMAR b.SAWANT., M.COM.LL.B.(MUMBAI),ADVOCATE

Sushil Kumar Bhatia (Advocate)     02 February 2009

Dear,


  For References also see the Consumer protection regulation,2005


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