Proceedings in consumer court
Thyagarajan
(Querist) 19 March 2013
This query is : Resolved
Dear Experts,
In a case I am following in consumer court, the opposite party was asked to file his wakalath and version. The o.p's councilor filed wakalath only and was given adjournment for filing his version inspite of my protest. In the next hearing he was absent and without me asking the President penalized the o.p with a penalty of Rs 500 payable to me and adjourned the case.
What would be the reaction of the President if the o.p councilor did not turn up for next hearing as well?. The case can not be set ex-party as wakalath is there already
Thyagarajan
(Querist) 20 March 2013
Dear Mr. Barman,
Is President vested with powers to put up a lawyer in c.court in place of o.p councilor as par his choice to help the him to decide the case when I argue my case?
Poonam Singhi
(Expert) 20 March 2013
As advised by Barman sir, if the opposite party omits or fails to take any action to represent his case within the time given by the Forum then the forum may hear the matter exparte.
Adv k . mahesh
(Expert) 20 March 2013
yes if the o p fails to present then ex parte will be heard and to implement and will give another chance and then decide the matter
K.K.Ganguly
(Expert) 23 March 2013
1. No, as per the relevant Act, the Forum/Bench is not empowered to order/engage any Advocate to represent the O.P.,
2. The matter will be heared ex-parte.
Raj Kumar Makkad
(Expert) 24 March 2013
Nothing to add more in the given advice.
Thyagarajan
(Querist) 27 March 2013
Dear Raj Kumar,
Instead of appearing during hearing and filing the version the o.p has sent a direct letter to me containing his version to my complaint. Will that letter have any bearing in the case if the o.p continues to be absent in next hearing.
Thyagarajan
(Querist) 08 April 2013
Dear Experts,
The opposite party did not turn up today nor sent the fine ordered by the President of the Forum. As you all told me the case was set ex-party not as expected by me that he will post his own councilor for o.p to advise him. More over the President was rather offended that the o.p did not obey his order and paid the penalty. The president asked me to file proof documents based on which I made the complaint.I asked for permission to file written arguments as well. He agreed.
However the opposite party instead of appearing before the Forum sent me a direct letter a week back the contents of which was exact of the same that made me approach the Forum.Will this amount to o.p filing a written version and should I mention about his direct letter to the President in written arguments.Or should I merely tell the President orally.
Raj Kumar Makkad
(Expert) 08 April 2013
You should make the letter part of your written argument and should also enclose its copy so that it may be shown that your demand is genuine and the op is still adamant to get his illegal demand fulfilled on your part.
Thyagarajan
(Querist) 08 April 2013
Dear Raj Kumar,
I was in too minds about including the direct letter. I am convinced to include it in my submission in all respects after your advise.
I seek yr opinion on one other point. In sipte of my strong request for an early date for further proceedings the President refused to to alter the date he set as 24/5/13. I am confident he will allow me to file proof documents/written version as well as hear my oral argument on that day.After that if he sets a date or order that will be fine for me.Will it be prudent not to press for early date by a petition? The court staff told me the President set the date so as there are cases pending since 2009 are yet to heard by him still.I filed my case by 27/12/12 only.
Thyagarajan
(Querist) 04 June 2013
I had filed my proof affidavit and written arguments . They were taken to file. A date 1/7/13 was given to make oral arguments.Will the President have a look at the papers before the date of hearing? Should I keep telling him brief of every paper I filed or argue on the the prayer I had made?
Thyagarajan
(Querist) 27 September 2013
Dear Experts,
After the President got a clear report that the documents I filed were in order and marked Forum staff, he asked me to put up me oral argument on 20/9/2013.I finished telling the nature of my complaint and prayer and started to draw the attention of the President to proof documents one by one. But one of the members in bench interrupted and a question to which I gave an answer. He advised the President that the bench can give order after going through all papers instead of me explaining each one of them. I insisted I explain two important documents pertaining to my prayer. The President conceded and heard me.No sooner I finished he pronounced that he will deliver his order on 4/10/2013.I am happy that he could take up my case filed in 27/12/2012 for orders when cases of 2004 are still to be closed. I thank all experts who were guiding me that gave me courage to put my case in-person.
One week remains to President to give his orders. The opposite party can not go through the Forum's formality if he wants to reopen the case. Can he appear in court and seek more time and prevent the orders pronounced on 4/10/2013?
