LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

joshua (bangalore)     24 October 2010

State Consumer Forum

Sir my complaint in the State Consumer Redressal Forum after 4 sittings was Dismissed as Withdrawn and I was told by my advocate that we have to make a fresh appeal.Why the Honourable Judge cant pass an ex-parte judgement as the opposite party has least bothered to appear?In case if there is any formality of sending notice to the opponent and then conclude .Would you please clarify.(Problem related to give possession by the builder after making 90%of payment)


Learning

 4 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 October 2010

Dear Mr. Joshua

Did you file your Complaint before the District Consumer Forum or the State Consumer Commission? If in the latter did you approach with your original Complaint or went on appeal against the Order of the District Forum?

Did you or your lawyer withdraw the case? If not what is the reason given in the Order for treating the Complaint as withdrawn?

Did you or your lawyer attend all the 4 hearings? Was notice sent to the Opposite Party for all the 4 hearings. It appears you are in Bangalore. In Mumbai the onus of collecting the notice from the Forum and sending it to the Opposite Party is on the Complainant.

If the Complainant or his representative does not attend the hearings the case is likely to be dismissed. If the Opposite Party doesn't attend and there is proof that notice was served on him the decision will be ex-parte. It is also possible the Complaint is dismissed on merits.

One can know this only if one sees the Order of the Forum.

MPS Ramani

Satya Narayana Palukuru (Advocates & Mediators.)     25 October 2010

when nature of grievience is civil commission may not admit. But the order of dismisal will give u an idea

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 October 2010

I disagree with Mr Palukuru Satyanarayana. The Consumer Protection Act has its own rules and consumer cases do not go to civil courts. The case mentioned by Mr. Joshua comes under the Consumer Protection Act, 1986.

It is not possible to comment or advise without knowing the full details as mentioned by me earlier. Several cases between a consumer as the Builder has been settled by consumer courts.

MPS Ramani

DR.SANAT KUMAR DASH (Eye Specialist)     29 October 2010

The     ORDER    COPY    of     the     state    consumer    commission     may     be     enlightened.......so    the    effective     answer     can    be    provided   by     the     LEARNED     MEMBERS.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register