Filing counter

Dear Mr. Rajesh Reddy,

I have perused your query with regard to serving a copy upon you, of the counter affidavit to be filed by the Opposite Party in your Consumer Complaint Case. Its good that you are representing your case in person, self. An appreciable and good move by Consumer alike you.

Also, you have mentioned that earlier they had submitted their Counter without their affidavit in the court and which was refused by the learned court to be kept on case record.

Please be informed that having filed any Consumer Complaint Case, notice (s) is/are being sent to the Opposite Parties along with a copy of the complaint for their sayings on allegations, framed so far through the complaint and which is termed as Counter - Affidavit or Written Versions or Written Statement.

Further, Any such Reply without affidavit of the concerned opposite party is not supposed to be considered by the Consumer Court and nothing of their sayings through such Counter would be considered nor any judicial notice would be given by the court on their sayings through the same .

In above context it is to inform you that submission of any such counter or otherwise is not completed unless a copy of same is being served upon the complainant, alike you; whether directly being served by opposite party either in person or through his/her assigned advocate AND if not being received by you, it would be served upon you by the learned court. This is the process of the case proceedings.

Purpose for exchanging Complaint & Written Version vise a verse is that the court can consider all related facts while adjudicating the disputes, raised so far by the complainant in the case before it.

AND hence, no need to wonder about the affairs happened with you. Accept the same in the right spirit of the due Case Proceedings to be made, as scheduled.

Hope, above clarifications might have cleared your doubt / suspicion. For more information, you ca interact with me on my website below.

Thanks,

SHIVESH KUMAR SINHA, Advocate

Legal Adviser -www. powertoconsumer.in 

That answered my question. Thank you very much sir. 

Originally posted by : Shivesh Sinha
	Dear Mr. Rajesh Reddy, I have perused your query with regard to serving a copy upon you, of the counter affidavit to be filed by the Opposite Party in your Consumer Complaint Case. Its good that you are representing your case in person, self. An appreciable and good move by Consumer alike you. Also, you have mentioned that earlier they had submitted their Counter without their affidavit in the court and which was refused by the learned court to be kept on case record. Please be informed that having filed any Consumer Complaint Case, notice (s) is/are being sent to the Opposite Parties along with a copy of the complaint for their sayings on allegations, framed so far through the complaint and which is termed as Counter - Affidavit or Written Versions or Written Statement. Further, Any such Reply without affidavit of the concerned opposite party is not supposed to be considered by the Consumer Court and nothing of their sayings through such Counter would be considered nor any judicial notice would be given by the court on their sayings through the same . In above context it is to inform you that submission of any such counter or otherwise is not completed unless a copy of same is being served upon the complainant, alike you; whether directly being served by opposite party either in person or through his/her assigned advocate AND if not being received by you, it would be served upon you by the learned court. This is the process of the case proceedings. Purpose for exchanging Complaint & Written Version vise a verse is that the court can consider all related facts while adjudicating the disputes, raised so far by the complainant in the case before it. AND hence, no need to wonder about the affairs happened with you. Accept the same in the right spirit of the due Case Proceedings to be made, as scheduled. Hope, above clarifications might have cleared your doubt / suspicion. For more information, you ca interact with me on my website below. Thanks, SHIVESH KUMAR SINHA, Advocate Legal Adviser -www. powertoconsumer.in

Dear Mr. Rajesh Reddy,

I am happy to note that my response has answered your query with regard to Filling Counter in your DCF case.

It would be pleasure for me to extend any further assistance / advise in the matter, involved so far with the said DCF case filed by you, as & when required by you through www.powertoconsumer.in without any fees or charges.

Feel free to raise your doubt before, which would be addressed no sooner at had. Thaks,

SHIVESH KUMAR SINHA, Advocate

Leaga Adviser - www.powertoconsumer.in

Thank you sir. My case came up for hearing yesterday ,March 26th 2014 and i couldn't make it because of ill-health. Today when i went to the consumer forum to check the status of my case, the bench clerk told me to get the same from case diary. The status of the case in the case diary reads as below: -

"Complainant called absent. No representation. The counsel for the OP filed. Written version without issuing notice to the complainant stating that on the previous adjournment the complainant refused to receive notice stating that, Unless he go through the written version. He won’t receive notice. Today the counsel for the OP also ready to file written version. Today the complainant called absent and the complainant is also not present to receive the costs. In view of the above reason receive the  written version of OP  matter is posted 17/04/2014For filing chief affidavits by both parties. OP’s 2 and 3 filed memo adopting the written version of OP1. Memo allowed. "

First of all i never told the counsel for opposite parties (OP) that i refuse to accept the notice without going through it.  In fact in the last adjournment held on Mar 20th 2014, the honorable consumer forum itself didn't accept the written version filed by the OP counsel as the same was not filed along with affidavit. The status of the case as on Mar 20th 2014 reads as "No costs paid, written version not filed, At request, Call on Mar 26th 2014"

I couldn't understand what the honorable consumer forum is trying to convey from the case status as on Mar 26th 2014. Could you please help in understanding what the above case status (Mar 26th 2014)  mean.

Does it mean the counsel for OP filed their written version in the court?

Does it mean the counsel for OP is ready to file their written version but hasn't filed?

Does it mean that the matter pertaining to receiving written version has been posted to Apr 14th 2014?

Can the honorable consumer forum direct the complainant and OP to file chief affidavit when the matter related to written version is not yet sorted out?

Does it mean i am not going to get the written notice and i have to proceed with chief affidavit?

Unfortunately the bench clerk in the consumer forum is of no help. When i put the above questions to him, he told me he too don't know and it's all written in the case diary. Wondering what should i file when the case comes up for next hearing on Apr 17th 2014.

Last but not least, is the complainant supposed to accept the written notice from OP counsel when the same was not accepted by the honorable forum for not filing an affidavit along with the written version?

thanks for your time in advance.

Originally posted by : Shivesh Sinhar
	Dear Mr. Rajesh Reddy, I am happy to note that my response has answered your query with regard to Filling Counter in your DCF case. It would be pleasure for me to extend any further assistance / advise in the matter, involved so far with the said DCF case filed by you, as & when required by you through www.powertoconsumer.in without any fees or charges. Feel free to raise your doubt before, which would be addressed no sooner at had. Thaks, SHIVESH KUMAR SINHA, Advocate Leaga Adviser - www.powertoconsumer.in

Dear Mr. Rajesh Reddy,

I am happy to note that my response has answered your query with regard to Filling Counter in your DCF case.

It would be pleasure for me to extend any further assistance / advise in the matter, involved so far with the said DCF case filed by you, as & when required by you through www.powertoconsumer.in without any fees or charges.

Feel free to raise your doubt before, which would be addressed no sooner at had. Thanks,

SHIVESH KUMAR SINHA, Advocate

Leaga Adviser - www.powertoconsumer.in