District Consumer Forum' Daily Order - can it be reversed?
Querist :
Anonymous
(Querist) 10 March 2018
This query is : Resolved
District Consumer Fourm' Daily order:
��������"� Today Is Fixed For Filing Written Version By OP No.1 As Last Chance, Id The Case Shall Proceed Ex-Parte Against OP No.1"
This is what the forum ordered after 45 days when no written version was presented even after OPs advocate sought time two times earlier.
I have information that OP has given written version to the Staff of the consumer court, after the daily order was issued. OP was not present in the court that day. Now I have two questions:
1. Now since 65 days have passed since the receipt of the notice can court accept their written version? I have seen the Supreme court ruling about 45 days period. Also in Sept 2017 in a case supreme court has not accepted the written version after 45 days.
2. Since court has given a daily order that case shall proceed ex-pate against OP. Can the distric consumer court reverse its own earlier order? And accept the written version after 65 days of notice? I have read that only national commission can review it's order.
Querist :
Anonymous
(Querist) 10 March 2018
District Consumer Forums Daily order:
��������� Today Is Fixed For Filing Written Version By OP No.1 As Last Chance, Id The Case Shall Proceed Ex-Parte Against OP No.1 And Also For Filing Written Version By OP No.2. Complainant Files Hajira. OP Does Not Take Any Step. In The Circumstances The Case Shall Proceed Ex-Parte Against OP No.1 To (next date) For Filing Written Version By OP No.2 As Last Chance, Id Ex-P
R.Ramachandran
(Expert) 11 March 2018
The District Forum has to get convinced whether the OP has shown sufficient cause for delay in filing the written statement. If it gets convinced then it can allow the application and take the written statement on record and set aside its earlier ex-parte order. Yes, your lawyer can also make his submissions why it should not be allowed.
Dr J C Vashista
(Expert) 12 March 2018
No reply for an "anonymous" author as per rules of this platform. If you are seeking an obligation from experts FREE OF COST you will have to disclose your identity. Otherwise, consult a local prudent lawyer.
Querist :
Anonymous
(Querist) 12 March 2018
Regret for anonymous post. However only registered users are permitted to post questions. Anonymous option is present the the post query section. My Name is Sekhar Biswas.
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