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Rohit Goyal (Advocate)     23 June 2015

Court fee for filling a power of attorney in consumer court

If appearing as a counsel for or on behalf of some person/ company in the consumer for do an advocate needs to file Power of attorney or is authoristion letter enough.. 

When filling a Power of attorney is it pertinent to afix court fee/ stamp duty on power of attorney as required under the law for civil court... 

Please Give your answer in context to the law or some citation. will be of great help.... Thx in advance.... :)



Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     23 June 2015

I was a power of attorney to my employer during my service.  The POA is issued on the date of such appointed posts for acting on behalf of the organisation, giving some powers for and on behalf of the organisation.  In which, representing the organisation in Court /filing cases/ attending litigation is one.  Any official who is having power of attorney can represent the organisation.

As far as POA in consumer court is concerned notarised POA is sufficient, but it should be signed by those authorities who can delegate/authorise officials. It is being duly registered at the HO of the organisation.  After giving POA, it is kept in the head office, and on specific request of the official it will be sent for that specific purpose and should be kept in safe custody of HO. (For operating bank accounts, for legal proceedings and depending on nature of organisation there may be several powers delegated through POA)

Ajit Singh Cheema (practising Advocate)     23 June 2015

There was no provision for paying  court fee on POA in favour of Advocate as per Consumer Protection Act , but now as per latests instructions Fee stamps of Rs.15= has been advised in the shape of "The Punjab Advocates Welfare fund Stamp ".as far as state of Punjab is concerned .

Dr J C Vashista (Advocate)     24 June 2015

An advocate appears/pleads on behalf of his client on the authority of Vakalatnama (also called as POA)  require court fees of Rs. 1.25 in Delhi (a State subject) with Advocates Welfare Stamp of Rs. 5/- in District Consumer Disputes Redressal Forum, however, State/National Consumer Disputes Redressal Commission it is Rs. 2.75 + Rs. 10/-  Advocates Welfare Stamp

Rohit Goyal (Advocate)     24 June 2015

Yes i am aware of the fact that the welfare Stamp has to added in the POA of District Forum but Since last 2 years I had never affixed any courtfee stamp of Rs.10 in counsumer forum as is practised in civi courts. But recently new president officer has come to the consumer forum and he has made it a rule to add court fee of Rs.10 and Welfare stamp of Rs.8/-. after searching many rules and many other things it has not been mentioned in any act or rule that there is required need of court fee stamp to be applied in counsumer forum. It is a sourt of alternate dispute redressel forum which doen't require any court fee as per my knowledge.... 

 

However I am still searching for the same and will post here what ever I further find in this context as relevent....


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