Shankar (Assoc architect) 08 December 2009

Special POA for consumer court

I am planning to file a complaint in the consumer court against a builder for non-refund against cancellation of the flat.

I and my wife had applied as co-applicants for the flat. My wife will not be able attend the court proceedings, so I intend to get a SPOA to carry the court case on her behalf. We reside in Bangalore and the cause of action is in Kolkata.

My questions are :

1) In bangalore the SPOA should be on Rs100/- stamp paper. Do I need to get the document notarized also ?

2) What is the usual time gap between registering a complaint and the first admission hearing in the State Forums. Anyone having experience please advise.

Thanks for your help and suggestions.

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3 Replies

D.V.RamaKrishna (Advocate) 08 December 2009

Shankar,

Since both you and your wife are co-applicants to flat, any one of you can represent on behalf of the other in any case before any court of law. But the only thing is that you need to mention both of your names in the cause title of the case you file and if you intend to appear through a lawyer, then the vakalatnama has to be signed by both of you and an affidavit needs to be filed before the forum seeking permission of the court to represent the matter on behalf of both of you by any one person. In this regard you may please refer to Section 12(1)(c) of the Consumer Protection Act.

Hence I feel that there is no need of any notorised or registered SPOA only to file a case before a consumer forum.

With regard to the time that may take for a case to get settled it all depends on the Court in which you are filing the case, the pleadings you make, the documents relied on by you and the reply of the opposite party.