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(Guest)

Op not coming before the judge

Sir,

I have filed consumer complaint against prestige cooker seller which got burst. The court issued notice. to OP 1 seller and OP 2 manufacturer. 45 days time over.

 

But till date OP 2 nobody came on behalf. OP 1 comes to court but does not come before the judge, takes the date and goes.

 

Both OP 1 and OP 2 not filed any reply till date. Judge asked me to file affidavit now. I cant make out what is plan of action of OP 1 who appears in the court but when case number called out only I go in front of judge, judge asked to call name of OP 1 loudly, but still OP 1 sit calm. In meantime OP 1 given complaint in police station that I threatened OP 1 at his shop and over phone.

 

Police had called to come to station, I did not go. I asked complaint copy. Complaint copy sent via RPAD, which I did not receive coz I not in town. Police calling on my phone harassing to come to station. I told that I did not threaten the seller over phone.

 

I have video recordings of conversation with seller which I have given to consumer court. I have multiple call recordings where seller has confessed he wont give new cooker and wont give compensation to burn victim my mom.

 

So if anyone can guide me what could be intention of the OP 1 who is cooker seller?

OP 2 never appeared at all till date. Please help.

 



Learning

 4 Replies


(Guest)

Can some advocate reply please?

Aman chawla (DELHI HIGH COURT ADVOCATE)     25 May 2018

So, what is your concern now ? 

If the OP is not appearing plz file an application for proceeding the Ex-Parte, once Ex-Parte allowed you can lead your evidences. 

An application will create fear in the OP's mind. If you still have any query you can  Message me 

Thanks,

Regards,

Aman Chawla


(Guest)

Thank you for your reply.

If I give application to the court to proceed exparte. The court will order exparte. But as in CP act, there is provision for OP asking court to setaside its own exparte orders. I am worried about that sir.

Aman chawla (DELHI HIGH COURT ADVOCATE)     26 May 2018

Sir try to understand it's their right to file an application for setting aside the Ex- Parte order, but thinking of the same that after I get ex-parte they will apply for setting aside will not help you in any way. So, I would request you to please file an application for proceeding Ex-Parte.

Regards,

Aman Chawla


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