Consumer protection act
Querist :
Anonymous
(Querist) 01 April 2022
This query is : Resolved
can respondent file exparte vacating petition before Dist. Consumer Dispute Redressal forum?
kavksatyanarayana
(Expert) 01 April 2022
What is the fact? What is the opinion of your own counsel? Otherwise, put the facts to get proper replies.
Dr J C Vashista
(Expert) 03 April 2022
The connotation "ex-parte" is not applicable in favour of Opposite party (not respondent in a consumer complaint).
What do you want to get "vacated" ? It is a vague and confusing statement/ fact / query/
In case the complainant did not proceed his / her complaint case in a consumer fora ( earlier District Consumer Disputes Redressal "Forum" in Consumer Protection Act, 1986 which has been re-designated as District Consumer Disputes Redressal "Commission" in Consumer Protection Act, 2019) the case may be "dismissed in default".
Both the facts and query are not clear for forming proper opinion and obligation.
It would be better to consult and engage a local prudent lawyer for better appreciation of facts, professional advise and necessary proceedings if there is "some" truth in the query, which is prima facie either a fabricated story or time pass question paper.
Querist :
Anonymous
(Querist) 03 April 2022
complainant filed an application before Dist. Consumers Forum against O.P. and O.P. appeared but due to covid situation O.P. could not file written version within time and the case has been fixed for exparte hearing. Can O.P. file petition praying for vacating exparte hearing. Can the Dist. Forum pass order to vacate exparte hearing?
R.K Nanda
(Expert) 04 April 2022
yes, OP can file application in CF to set aside exparte order passed against it.
Shubham Bhardwaj
(Expert) 05 April 2022
Dear Sir,
If the statutory period to file the written statement has expired then I am afraid the OPs will not be allowed to file anything and the matter will proceed on the basis of complaint. The Hon'ble Supreme Court has held that the Consumer Forums/Commissions do not have the power to condone the delay beyond the statutory time provided under the consumer protection act.
It seems you are in a tough spot.
Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer: - Opinion is only for guidance.
R.K Nanda
(Expert) 05 April 2022
Due to special circumstances of covid OP can file application for setting aside exparte in CF.
P. Venu
(Expert) 11 April 2022
Because of the Covid situation, the period from 15 March 2020 to 28 February 2022 would stand excluded for the purpose of limitation.
