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ashok kumar srivastava (advocate)     22 March 2014

Remedies in case of erring dcdrf acting against case laws

If the DCDRF passes an ex-parte order for payment of cost of the vehicle allegedly having manufacturing defect without any expert opinion. Further more the descripttion of the vehicle is also not mentioned in the complaint. Taking coercive action the Dist. forum has made the O.P. to deposit the decreetal amount. The effort of the DCDRF for delivering the vehicle could not succeed as the O.P. has refused to take delivery of vehicle at the pretext that the order does not bear the engine no. and chasis no. . Is there any remedy except Sec 24B.



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 1 Replies

Shivesh Sinha (Legal Adviser)     24 March 2014

Dear Mr. Ashok Srivastava,

I have perused your Query, here above; seeking remedy other than taking shelter of the provisions laid u/s 24-B of the Consumer Protection Act, 1986 as against an ex parte Order passed by DCDRF. Through said Order the Opposite Party has been asked to pay the decreetal amount.

As per your sayings the case was decided without seeking expert opinion on alleged defective (manufacturing) vehicle.

As per provisions laid u/s 15 of the said Act, 1986 an Appeal can be preferred as against the said ex parte in the Hon'ble Court of State Consumer Disputes Redressal Commission of the jurisdiction framing thereby on & amongst the following main GROUNDS :-

a) Order passed by DCDRF is an ex parte Order & u/s 22-A being aggrieved party appeal has been preferred.

b) Order has been passed without complying the mandatory provisions laid u/s 13 (1) (c) when the Complaint alleged the manufacturing Defect i the Goods (vehicle).

c) Order of DCDRF is erroneous in the eyes of law & on its facts.

Hope, you take step for filling the suggested Appeal before Hon'ble SCDRC having competent jurisdiction, the erroneous Order passed by said DCDRF would be set a side & the concerned Opposite Party would definitely get relief.

Any further advise if required, you may fell free to approach the undersigned through the website noted here under. Thanks,

SHIVESH KUMAR SINHA, Advocate

Legal Adviser - www.powertoconsumer.in


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