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Nitin (Manager)     06 January 2014

Please decide jurisdiction

Sir/Madam,

I am an empanelled lawyer of different banks and insurance companies. Prior to this I was working as a manager in ICICI Bank. Complainant filed a complaint against my bank in district consumer forum. I lost the case as my client bank didn't get a time to communicate me. Furthermore, even after winning the case my complainant, complainant as an aggrieved party still proceeded to the State Consumer Forum, Lucknow and got the case in his favour instead of enforcing the judgement directly.

Now, complainant is standing unturned to enforce the judgement of district consumer forum. I admit the fact that there is delay from the side of my client bank. Can there be any review/appeal in lower courts i.e. District Consumer Forum or State Consumer Forum.

Will moving the appeal application be the last resort/remedy available with me. 

 

Please let me know!

and once again thanks a lot in advance for your kind advice. 

 

tc n bye



Learning

 9 Replies

Advocate Bhartesh goyal (advocate)     07 January 2014

Repeated query.

prof s c pratihar (medical practitioner &legal studies)     08 January 2014

Order of state commission will prevail.some important  questions may arise.petitioner received due notice and did not appear.some times applications sent by post may be considered by consumer forum.we are not aware what was the subject matter? State commission shall never dispose a case without giving a opportunity of being heard to op.the very idea of creation of consumer court is speedily disposal. Both fora passed ex partyorder. Now you contest  most likely execution at district level. Provided that state com agree with judgment of lower fora lcr sent down, pl settle the matter outside for your own benefit.prof sc pratihar

Nitin (Manager)     08 January 2014

Sir, Thanks for all the suggestions and advices please.

 

I would like to know what are the legal remedies available with me right now !

Moving an application of appeal to NCDRC will be the last resort or there be any review application procedure relating to the same ?

Please let me know.

I cannot settle the disputes outside the court as my own client bank is standing admanant to not to have any sort of compromise with the opposite party.

What can I do next !

prof s c pratihar (medical practitioner &legal studies)     09 January 2014

Appeal to national com will lie. But costly.subject matter is still not known to me.file a review petition with condonation of delay if limitation period is over. There is no harm in filing and there must be sufficient cause why you failed to appear even after getting summons.try your luck. Prof sc pratihar.

Nitin (Manager)     09 January 2014

Thanks for your speedy reply sir,

 

Sir,

WE all know it very well that Consumers fora are not bound by procedures as per CPC or CrpC then under what laws/bye-laws, Consumers fora are bound to entertain such REVIEW PETITION.

Don't you think that entertaining such types of REVIEW PETITION will be beyond the limits of jurisdiction prescribed in CPA ?

Is there anything so called REVIEW PETITION or such principles laid in constitution of india/consumer protection act ?

Can the same be filed in District Forum also?

Waiting for your quick response!

Regards,

Nitin (Manager)     09 January 2014

Dear Prof. S. Pratihaarjee,

 

Thanks for your valuable suggestion.

Do I also have a legal remedy file an appeal instead of proceeding to review petition State Fora ?

One of members suggested me to file an appeal in State Consumer Disputes Redressal Forum as a remedy,  When I reminded him relating to the principles of res-judicata, he denied to have such procedures been admitted in case of appeals ?

What's your opinion? 

Do I have still a right to appeal in the State Consumer Disputes Redressal Forum even after an appeal by the respondent was decided in the past in the favour of respondent as I said earlier ?

I need your valuable suggestions.

Waiting for your quck response!

Regards,

 

 

Nitin (Manager)     09 January 2014

In this case,  if an appeal by myself be produced and got entertained by the Consumer Courts then what's the use of so called REVIEW PETITION.

Secondly, If there be numerous complainants and numerous repsondents then they will keep on filing appeals and the case shall never be decided which will be lead to unusual delay.

I am still confused between

(1) REVIEW PETITION to the SCDRC, Lucknow 

(2) APPEAL to SCDRC, Lucknow

(3) APPEAL to NCDRC, New Delhi

 

What should I do ?

prof s c pratihar (medical practitioner &legal studies)     09 January 2014

Pl note where there no clear rule  principle of   CPcwill apply. I do not know what we're the grounds for appeal by respondent.just type the whole judgment of state com.review reference revision appeal all are constituent in CPc and applicable in state com also.in CPc judgment is followed by decree.in cp act there is no provision of separate decree.district forum after passing of order is functus officio.high court  or state com has the power to review it's own judgment. Prof sc pratihar

Nitin (Manager)     11 January 2014

Both of you sir,

 

I am still waiting for your valuable suggestions.

 

Thanks in advance


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