Bunty (B) 24 November 2014

Want help to deal with consumer court judge

Dear Member,

Can you please tell me that What to be done?

if Lawyer of Opposite Party is not appearing from Last 3 Hearing and further when judge ask's for Final Argument from Complainant then on the date of Hearing (i.e. 4th Hearing) when the Final argument is to be submitted, Lawyer of Opposite Party came and said that sorry sir I wasn't able to appear before you because of some reasons and now I request you to please continue the proceedings, and Judge also do the same without asking any question to the Lawyer of Opposite Party and when we told Judge that this is not fair sir the lawyer of OP is not coming from last 3 hearings and now he came on 4th hearing and requesting you to continue the proceedings and you accepted, are we fool? Judge's replies that we have lots of work to do. Let see you on next hearing.

Is this Fair & Justified? If not, then please tell me how to deal with this situation and how to settle our case as soon as possible?

Thanks

Bunty

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1 Replies

Adv. Mandar Pimpalkhare (Advocate) 25 November 2014

Dear Member

Is this for the first time? But sure to oppose if the same is repeated on next hearing. You can request the forum to saddle heavy cost on opponent for not attending dates/hearing.

Coming to your query of Justified or fair if the reason quoted by opponent are reasonable or deems to be reasonable to forum it can grant a last chance for hearing considering the principle of natural justice. however if it is being repeated surely it would be injustice to you.

My advise to you is strongly oppose any adjournment by opponent on next hearing and request the forum to allow you to argue the matter or may file your written notes of arguments before the forum.

Good Luck