Change of OP 2(MC of CHS) pending hearing

Querist : Anonymous (Querist) 08 May 2010 This query is : Resolved
I have filed a case against a builder and office bearers of CHS in District Consumer Forum and the matter is posted for submission of written arguements by OP2 ie CHS. However, recently the General Body elected new MC and hence change in Office Bearers, who had originally submitted evidence on oath before Ho'nble Forum. My query is that if the new office beares are representing in place of earlier people, can I object of their authenticity on grounds like proper resolution of AGM, approval from the Registrar, submission of Indemnity Bond or for any other technical ground ?

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ESTHERPRIYA (Expert) 08 May 2010
No you cannot do so as the earlier and new MC are the persons representing in their capacity and it is acceptable in law. You can object the evidences if there is any contradictory statements between them and get a favourable order.

R.R. KRISHNAA (Expert) 08 May 2010
Your objection against the newly appointed office bearers shall be totally based on the capacity under which they are sued. If you had sued them under their official capacity then the newly elected office bearers can very well represent the case and it is enough for them to show the proof of their apppointment/resolution of AGM and no further proof necessary.

Change of constitution of office bearers will not affect your case.

Best of luck...

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