Querist :
Anonymous
(Querist) 16 April 2011
This query is : Resolved
Dear Sir,
I recently won a Consumer Forum case in the District Forum.
The OP filed an appeal after 2.5 months of the order (post my filing an execution application). The grounds of the appeal are:
1) They are filing it late as the order was received by them roughly 1 month after it was passed. How do I get the dispatch date of the order from the district forum. There delay application is still to be heard.
2) In the Appeal, they have stated that they gave me a replacement product and hence passing of the order will be damaging to them. This statement under affidavit is a complete lie. They have NEVER given me any replacement product. The defective product is still with them (it was returned back the very next day of purchase). Further they have not even given me the cost of the product back.
Please let me what should be my course of action. Can I file for perjury in the Court as the statements are misleading and incorrect.
Jitendar Kumar gupta
(Expert) 16 April 2011
fight the case in the State commission mentioning all the facts. definetely you will get the remedy. J.K.Gupta Adv. 9868529732
Advocate Bhartesh goyal
(Expert) 16 April 2011
It's appellant headache to explain the each and every day delay with proof in filing appeal and after getting satisfactory reply only then the court will condone the delay else his appeal will be dismissed.Appellant has to prove with cogent evidence that they have replaced the product else court will not believe on their statement.
Naresh Kudal
(Expert) 16 April 2011
agree with Mr goyal, bring fact of filing application for execution before appellate forum.
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