consumer protection
Vijay Pandey
(Querist) 08 October 2010
This query is : Resolved
Dear sir
i have filed a consumer case in Dist. forum and while submiting the case i was not filed the POA as i am filing the case on behalf of my mother and in that case on 19.5.10 copy served to the o.p. and 15.6.10 was fixed for w.s and on the same day o.p. did not appear and 29.6.10 was fixed for w.s but on 29.6.10 o.p.2 appeared and said that the copy provided to them is not readible and provide them a fresh copy and allow time same was provided and 16.7.10 was fixed for w.s. again o.p.2 appeared a prayed for time and 28.7.10 was fixed for w.s. again o.p.2 prayed for time than i received the copy under objection and 5.8.10 was fixed for o/h and on 5.8.10 the o.p.no. 2 submitted the copy of w.s. with o.p.no.1 who first time appeared by counsel of o.p.2 without authorising him to represent o.p.1 any document.
whether the court can allow them to file w.s. as per the provisions of law as the court has allowed them.
pls advice me whether i prefered appeal against this or what to do pls advice and kindly provide case law if available with the members in this case.
regards
Vijay Pandey.
Sarvesh Kumar Sharma Advocate
(Expert) 08 October 2010
mr. pandey,
consumer cases r simple proces trial.
my advice/recommendations not to go in appeal and face the proceding.
Chanchal Nag Chowdhury
(Expert) 08 October 2010
It is for the forum to check whether the parties have duly authorised the advocate or not. How are U concerned?
Amita Chaudhary
(Expert) 08 October 2010
well Mr. Vijay it is the discretion of the Court to take on record written statement after the lapse of the time prescribed.. unless you can show that grave prejudice have been caused and you have suffered certain loss on account of such delay, you cannot question the discretion of the Consumer Court... well it would be better to continue to pursue ur matter before the Court and not to file any appeal as you would be delaying your own matter....
adv. rajeev ( rajoo )
(Expert) 08 October 2010
Dont file any appeal. Without wasting the time proceed with the case.
s.subramanian
(Expert) 09 October 2010
I agree with the above views.
Advocate. Arunagiri
(Expert) 09 October 2010
If you want a real remedy dont waste your time in non productive appeals. Dont worry about the matters which are not going to affect your case. Focus on your relief face the case on merits.
