Consumer Dispute Redressal Commission

Ramya Iyer (Querist) 24 April 2010 This query is : Resolved
My original Complaint was in the District Forum of the Consumer Dispute Redressal Commission. The Complaint was dismissed & Order was passed against me and the Judgment was full of errors. I had appealed to the State Commission,Mumbai.

The State Commission stated in its order that the order passed by District Forum is bad in Law and the Forum has not gone into details placed on record. The State Commission passed the following order:
1.Appeal is allowed. Impugned Order is set aside
2.Complaint is remitted back to the District Consumer Forum for fresh disposal
3.Forum below is directed to re-hear the parties after remand and to decide the complaint afresh in light of various issues raised by the parties.
4.Both parties are directed to appear in the District forum on _______
5.No order to costs
6.Copies of order be funished to both parties free of cost.

Need some inputs on the above judgement:
1. What does "No order to Costs" mean?
2. Will the case start afresh in the District Forum since the Judges have changed ?
3.Does court fees have to be paid again in the District Forum?
4. What will be the procedure if we have to file fresh affidavit for happenings after the final hearing in the District Forum.
5.Does a Caveat need to be filed in the National Commission?
6.Will the time frame be as lengthy as in the initial case in the District forum?

Would really appreciate to be advised on the above.

Thanks.
Ramya

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Akhilesh Kumar (Expert) 24 April 2010
it means no cost imposed upon the parties for the order.
yes it will be heared afresh.
No need to file caveat.
Law takes it own course.

Guest (Expert) 24 April 2010
(1) Case remitted back means you need not pay fresh court fees, (2) Caveat procedure is not prevalent under CP Act, (3) No Costs means the State Commission has magnanimously not imposed costs on the other side, (4) You may report any subsequent developments by means of a Memo (as an information) without any Stamp affixed on it, (5) The District Forum will focus on the case properly hereafter, without leaving any point unanswered from the legal point of view (the observations of the State Commission will be taken care by the Dist. Forum), (6) Time taken may be less for disposal now. (7) If it consumes more time after the proceedings commenced, you may again approach the State Commission to fix the time frame for quick disposal.

Ramya Iyer (Querist) 24 April 2010

Ramya Iyer (Querist) 24 April 2010
Thanks

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