Ncdrc
moosa
(Querist) 31 December 2015
This query is : Resolved
My case dismissed by CDRF and state commission ,now RP filed in NCRDC.if dismisses what should i do?
What is IA/----/2015 ?(by NCDRC)
Guest
(Expert) 31 December 2015
Contact undersigned for proper guidance.
Guest
(Expert) 31 December 2015
IA symbol means interlocutory Application for some interim relief or interpretation of law filed with or during Main petition
For example stay order of District forum order against you or some other intervention pending final disposal of case
I personally do not like this format as it is used by cunning parties to delay cases, take intermediate orders and then hang the case for years and decades. Courts should discourage entertaining IA appicaitons
R.K Nanda
(Expert) 31 December 2015
if RP is dismissed then file SLP in SC.
Guest
(Expert) 31 December 2015
Correct Nanda sir. Happy New year
The querist is however advised not to contest his RP with negative mind and try best to put across his points. The judges in NCDRC are really good.
Regarding SLP , there is little chance of SLP being admitted in consumer cases. Unless addressing very serious constitutional/Human rights lapse.
So please fight with full heart and preparation
P. Venu
(Expert) 01 January 2016
It is seldom that an RP is admitted. If not admitted, the only option is to approach the Supreme Court through an SLP. Here again, getting leave depends upon the gravity of question of law involved and to a certain extent, the standing or the stature of the advocate you would be able to engage.
Dr J C Vashista
(Expert) 01 January 2016
I respectfully disagree with the expert Dr. Gupta. Revision petition of the revisionist has to be admitted by National Consumer Disputes Redressal Commission as per merits of the case.
Prima facie the queriest has a case in his favour which has been dismissed by Fora below, hence he has the option to move to NCDRC, INA, New Delhi in revision petition.
However, in any case, when RP is dismissed by NCDRC the author has the right to seek and file SLP in Supreme Court.
Dr. (Maj)J C Vashista, Advocate,
email: majjagdish@yahoo.com
+91 9891152939
Consultancy Room, Lawyer's Chamber Block I,
Delhi High Court, Sher Shah Suri Road,
New Delhi-110 003
also:
Ch. No 647, 6th Floor, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110 075
Guest
(Expert) 01 January 2016
Vashishta sir.I did not say RP wont be admitted. I said fight it positively with preparation. SLP admission chances are very less if RP too is dismissed.
Dr J C Vashista
(Expert) 01 January 2016
Dear Dr. Gupta ji,
You will agree every litigant/his counsel prepares and contests/presents his case in a very positive manner with all positiveness.
Even then it is 'UNSURE' whether revisionist's case/version shall be accepted by the judges in NCDRC, who have their own mindset, preposition, way of judging, accepting or rejecting the appeal.
Most of the judges (judicial member/ Presiding Officer) of NCDRC have been (retired) Supreme Court or High Court judge, who cannot be taken for a ride qua legal preposition on the subject matter.
Wish you a very happy, healthy and prosperous New Year.
Warm Regards
Guest
(Expert) 01 January 2016
I agree with your analysis. Present chairman Js N K Jain is very sharp, hard working and soft to consumers. I have appeared twice before this court and found them to be serious in conducting business, gentle to consumers and lawyers both and focussed on earliest possible disposal.So I have hope that querist gets justice if he has genuine grievance. Happy New year
moosa
(Querist) 01 January 2016
Thank you,Wish you happy New year
Rajendra K Goyal
(Expert) 05 January 2016
Agree with the expert Dr J C Vashista.
T. Kalaiselvan, Advocate
(Expert) 08 January 2016
