procceding without opposite party's presence
Querist :
Anonymous
(Querist) 11 May 2011
This query is : Resolved
Dear sir,
This is the case against builder in consumer court. The court has adjourned until next date with following is recorded in the court registry.
"Advocate for the complainant is present.
Advocate for opponent is absent.
Opponent has not filed written version.
There is no application for seeking time to file written version.
Therefore case to proceed in the absence of opponent."
Sir, there are lots of issues that builder may not disclose and argue against. That's why, I believe he has not filed written version. Now, I my querry is,
1)Is this situation benefecial for case matter to be finalised expeditiously?
2)However, if before next hearing, in case opponent file written version, will court admit his application?
Thanks and Regards,
Adv. Hemant Bhand
(Expert) 11 May 2011
1) Yes, It is benefical to you as the hon'ble court has already stated that case to be proceeded in the absence of opponent.
2) The court will not allow the opponent to file any written statement before next hearing.
M/s. Y-not legal services
(Expert) 11 May 2011
of course. its benifit to the complainant.. whether court allow or dismiss,it's forum's discretion power.. but the opposite party can file written version on next hearing.. if he files mean just express your strong objections..
Advocate. Arunagiri
(Expert) 11 May 2011
If the consumer forum decides the case without the version of the other side, the complainant may get benefited.
Querist :
Anonymous
(Querist) 12 May 2011
Adv Mr Tom,
Already court has given suffficient time for opponent to response.
Now, if court allows written version, means it is objectively delay tactics enjoyed by the opponent. Will court impose deterrant penalty to opponent against this ill tactict of opponent to cause delay in case proceeding?
