Complainant not responding after compliance of consumer foru

Querist : Anonymous (Querist) 20 August 2010 This query is : Resolved
our customers had filed a case in conumer fourm for non performance of our product and asked for the replacement of the product and compensation for mental agony and loss due to non performance of the machin,
our lawyer could not understadn the technicality of our product and therefore could not defend properly.As a result, conumer forum order us to repair the machine and hand over the same to the complainant.

We did repaire the machine and given the proof to the consumer fourm ,such as parts replaced and work carried out etc.

court ordered that the complainanat should be informed of the repairs cariied out and tell them to take the delivery.

we did the same by registered post.But the cosumers did not come to see the repaired machine and informed to the court that the machine is not repaired.And asked to issue arrest warrant against us and refund th full value of the machine.

we asked out lawyer to file a declaration in the fouram that we have complied with the order ,and finished the work and we shoudl be extorned from the liability.
our lawyer has not done that .

now what we can do
can anybody please advice?

thanks

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Daksh (Expert) 20 August 2010
Dear Anonymous,

Instruct your lawyer in writing stating the factual position in depth and side by side enquire about the orders of the court and file the necessary compliance/status report on the record of the consumer forum. Beside shoot a letter to the customer asking him to come and collect the equipment/machinery. On the next date of hearing be present in court if in case need arises to explain the technical nitty gritty.
Best Regards
Daksh

s.subramanian (Expert) 20 August 2010
You file an affidavit stating all the details of the repairs carried and the factum of the consumer not taking delivery inspite of information and request the court to cloise the complaint. If your lawyer is not doing you can appear directly before the court and do it. good luck.

Guest (Expert) 20 August 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

WITH REFERENCE TO YOUR CONSUMER COURT MATTER KINDLY NOTE THAT.

1.YOU ALREADY HAVE ADVOCATE ON RECORD TO DEFEND YOUR MATTER.
2.YOU MAY KINDLY CONTACT HIM AND ASK HIM TO FILE THE REPLY IN THE COURT WITH SUPPORTING AFFIDAVIT ABOUT THE JOB ALREADY COMPLETED BY YOU.OR YOU MAY PERSONALY SUBMIT YOUR AFFIDAVIT IN THE COURT REGARDING THE SAME.
3.KINDLY NOTE THAT IN CASE YOUR SAID CONSUMER COURT COMPLAINT IS STILL PENDING IN THE COURT YOU MAY SUBMIT THE AFFIDAVIT AS ABOVE.
4.IN CASE THE MATTER IS ALREADY DECIDED BY THE CONSUMER COURT AND JUDGEMENT IS PASSED THEN YOU HAVE TO FILE APPEAL IN THE STATE CONSUMER COURT AND GET THE LOWER COURT JUDGEMENT AND EXECUTION OF JUDGEMENT AND WARRANT IF ANY STAYED .

IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAIS WILL HELP YOU
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKS.

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