Consumer protection act case
raj
(Querist) 29 April 2015
This query is : Resolved
Respected Learned Counsel,
I am A medical professional charged with CP Act and awarded to pay compensation to the complainant.I challenged this in State Forum as the District forum delivered the verdict without expert opinion.The Honble State forum reduced the amount of compensation and ordered accordingly without any expert opinion.I mentioned the same in this forum and some of the learned counsel advised me to go for the National forum.I did it accordingly.The Honble National forum allowed the petition and ordered me to pay the travelling expenses to the complainant to appear before the forum.I PAID the prescribed amount to the complainant in the presence of his counsel.
But neither the complainant nor the counsel for the complainant not attending before the National Forum.My counsel told me that the forum suggesting that i should go for the out of the court settlement so that they dismiss the petion.What to do?Pl suggest
Devajyoti Barman
(Expert) 30 April 2015
You have fought all the way till this stage and hence do not leave the battle the so easily.
You have a strong case. Settle the case only if that happens at your terms.
P. Venu
(Expert) 30 April 2015
If the complainant is not attending in spite of paying travelling expenses, you may request the National Forum to decide the matter ex-parte.
Mohammed Mujeeb
(Expert) 01 May 2015
Why settle for anything
Move an application for dismissal on default of the other party
raj
(Querist) 01 May 2015
Thank you very much respected learned counsel
My advocate told me the forum is ready to make the complainant ex-parte.The forum told my advocate to settle the matter with the complainant.My opinion is for no medical negligence on my part why to pay him.secondly the counsel for the complainant not interested in the proceedings.The complainant is not at his address as given in the petition.Then how to settle the matter out of the court.
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
If you have the proof of paying the traveling expenses to the counsel fo complainant, you may very well present the evidence and pray the national commission to set the complainant exparte and dispose the appeal accordingly.
raj
(Querist) 04 May 2015
Thank you sir
