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Shanmugam Bobbiliraja   20 July 2018

Interim application rejected

Namasakaram to all experts, I had filed a memo apart from my main complaint in consumer court. The Opposite parties are 10 in total. 2 of them appeared through advocate and filed affidavits and objections. but did not file written arguments. They told they will do oral arguments. Rest of the 8 opposite parties have not appeared at all. They have been declared exparte. The memo I filed was taken as IA interim application. This IA filed 3 months back and served copy to OP 1 and 2 advocate. Memo filed and relief asked in memo was adressed to OP 3 to 10. The OP 1 and 2 advocate objected but soon realised that the memo relief i am asking from OP 3 to 10 and not to OP 1 and 2. today after 3 months the jduge told that he has rejected the memo. Where he should have passed exparte orders on memo, he has rejected the memo itself. Doing like this is lawful? Now I want to know the following: 1. If orders are passed in my favor, and the claim that I have made in compensation shall be severally liable to be paid by all the opposite parties who were absent? 2. As 2 of the parties have filed objections and have not filed any document supporting their objections, what stand will the consumer forum take? 3. What the judge did was right or wrong? How can he reject the memo when none of the opposite parties have appeared before the forum? Can I complain to NCDRC? I need guidance.

 



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 July 2018

For appeals go to state commission first. A dissatisfied consumer can file a complaint directly with the national commission or appeal against decisions of the state commission within a month from the date of the order. Thecourt fee is Rs 5,000 and the demand draft should be in the name of The Registrar, National Consumer Disputes Redressal Commission.

Dr J C Vashista (Advocate)     22 July 2018

Repeated query, no reply.


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