Consumer forum

VENKATESH HEGDE (Querist) 12 July 2012 This query is : Resolved
Dear Experts, I need your advise on consumer forum cases.
Subject matter - There was a loss of cheque by the courier company. the same has been en cashed fraudulently by the third party. The banks honored the altered cheque.Complainant file the consumer complaint & Hon'ble forum accepting the contentions of the complainant awarded the compensation. In lower court the courier company made as exparty . Now bank file the appeal against DCF order. Now what are steps for courier company to contest the case before consumer forum. Can It be possible to file the impleading application as appellant as existed case filed by the bank or file the fresh appeal ?
Please advise. Thanks...

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Devajyoti Barman (Expert) 12 July 2012
If Bank is directed to pay compensation then why the heck the Courier is trying to get impleaded?

V R SHROFF (Expert) 12 July 2012
Let bank pay for altered cheque . why courier interfere??

VENKATESH HEGDE (Querist) 13 July 2012
Dear Sir's ...Sorry .... The Hon'ble DCF awarderd all opposite parties are equally liable. As per the DCF Order Courier company Also liable to pay the compensation of Sum 75000/-.

ajay sethi (Expert) 13 July 2012
the courier company has to file appeal against the impugned order and ask for stay . the state commission may direct you to make part deposit unless you have strong prima facie case

VENKATESH HEGDE (Querist) 13 July 2012
Dear All Thanks for the advise..

Guest (Expert) 13 July 2012
In my opinion, since the courier company has not filed any application to set aside the exparte order till the complaint finally disposed of, it has no locus standi to contest the case/appeal and it has lost the defences totally. Now immediately you can file an Execution petition before the DCF against the Courier company (exclusively) for recovery of the awarded amount and the Opposite party fails to pay, then section 27 of the C.P. Act comes into play.

dev kapoor (Expert) 18 July 2012
THERE IS NO PROVISION UNDER CPA 1987 FOR SETTING ASIDE EX PARTE AWARD.BUT SINCE THE LAW IS SILENT FOR MAKING AN APPEAL IN SUCH CASES,GO AHEAD.BUT IN THAT CASE COURIERS WILL HAVE TO DEPOSIT 25% THE AWARDED AMOUNT IN THE DF & ATTACH A RECEIPT THEREOF WILL MEMO OF APPEAL.
Couriers can file independent appeal that may in due course be consolidated with the one filed by Bank.
If there is delay,an application for COD with affidavit may also be filed.
There is however little scope for alternation of award unless you have very strong grounds.Anyways you must try...

VENKATESH HEGDE (Querist) 19 July 2012
Thank you all

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