Appeal stages in state forum
rajan nair
(Querist) 01 August 2012
This query is : Resolved
a case won by me in cdrf is posted for EP on 22 nd aug 2012. However,the op has filed an appeal at the state forum and the same is admitted and posted on 05 sept 2012(admitted,interim stay,call for LCR and notice).I have not recd the notice so far. I am appearing in person for the case and I am not an advocate. Now please guide/clarify following.
1) since the appeal at state forum is admitted,is it mandatory that I appear at cdrf on 22nd aug?
2) If i do not appear,what happens?
3) now what are the stages of appeal at state forum?
4)is oral arguments compulsory ? or written enough?
Devajyoti Barman
(Expert) 01 August 2012
1. If the EP is stayed then you need not go though I would advise you to attend the case so that you can keep track of it as after the disposal of the Appeal the EP would be revived again.
2. Nothing, next date would be given.
3. After your appearance the case would be heard finally.
4, Verbal argument only though you can submit written argument to assist the Commission..
rajan nair
(Querist) 05 August 2012
thanks Mr.Barman.
actually,I wanted to know whether the appeal also will have similar proceedings like submission of evidence,cross exam etc or only a re exam of the case to see any error in the orginal judgement by the cdrf?
can the parties submit any fresh evidence or arguments at appeal stage?
prabhakar singh
(Expert) 05 August 2012
No!Appeal does not have similar proceedings like submission of evidence,cross exam etc.
Appellant tries to show the flaws in the judgement appealed against and respondent tries to defend the judgement passed in his favor before appellate court.
You need to distinguish the two things evidence and arguments.
Accepting fresh evidence in appeal is no where a rule.In certain Civil cases for certain given circumstances additional evidence may be admitted as per rules laid in C.P.C. ;but rules framed under Consumer protection Act does not provide so no fresh or additional evidence can be admitted in appeal.
Appellant's arguments needs to be confined on the grounds framed in memo of appeal and
fresh arguments at appellate stage which is foreign to parties case can not evolved.
When appearing in person better master the Rules framed under the Act.
rajan nair
(Querist) 06 August 2012
thanks Mr.Prabhakarji for the excellant guidance to a newby like me.
in this case the op has not made any written argument before the cdrf.
as such,couldnt he make any new arguments/law points at appeal which were not raised earlier at cdrf? if so can I as a respondent object to such things if any?
