Consumer case
Bob Aranha
(Querist) 27 March 2012
This query is : Resolved
I had filed a case against the builder for cancellation of my booking of a flat. The builder after taking booking amount thrice cancelled because he sold the flat to some other for higher amount and asked me to book again at the prevailing rate. I filed a case in District Consumer Forum where the builder never turned up for any of the dates. Finally the case was placed for order and in the mean time the President was transferred and new President was appointed. When I asked for the order copy, I am told by the Member that the case will have to be heard again. Can I take objection with the Forum if it gives an opportunity to the Opposition party to defend its case which he forfeited his right to defend? Kindly enlighten
V R SHROFF
(Expert) 27 March 2012
New President have right to hear both of you before order.
You cannot take Objection, as matter is yet to be Ordered.
builder must have knowledge of this trf.
Raj Kumar Makkad
(Expert) 27 March 2012
Re-hearing do not imply that fresh notice shall be sent to the respondent. A party already been proceeded as ex-parte is not going to be re-called against on the change of the President of the Fora. The President wants to hear fresh argument on behalf of you as he has not heard and without which it is not expected from any judicial officer to pronounce his judgment.
Shonee Kapoor
(Expert) 27 March 2012
Agree with Makkad Sir.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Bob Aranha
(Querist) 28 March 2012
Thanks for your prompt reply. In fact, on the last day of giving me the Order copy, the member informed me that the President has already passed the order and the Member had not gone through it and requested me to come the next day and take the order copy. Inspite of my repeated visits, I did not get the copy saying that the Member could not go through the order. Finally, the Members said that since the new President has assumed office he will hear the case once again. When I apprehended that the same will be delayed further, the Member said that it is only a formality. I feel there is some thing fishy. Kindly enlighten. Can I file an RTI to get the copy and why there was delay in getting the order from January till March?
