Rti
Atal
(Querist) 04 April 2013
This query is : Resolved
Is it legal to issue the notice to the opposite party while case is in court.
prabhakar singh
(Expert) 04 April 2013
You Title is "RTI" but name is Atal!
Yes! it is always legal necessity to hear both sides,then how can other party come before the court to say his version ,if that party is not served with any notice.
Har kisi ko idiamin ki tarah raat mein ALLAH
MIAN ka telephone to aayega naheen.
Atal
(Querist) 04 April 2013
But how can you say that its a legal.Suppose someone want to fight his case himself against a company.He already filed the case in court & companys advocate submitted the vakalanama in court after a year to defending the company. After three month later from the date of submission of vakalatnama comany's advocate trying to harras the person by sending notice. How can you say that its legal
Sankaranarayanan
(Expert) 04 April 2013
i do agreed mr prabhkar singh ji,s reply
Raj Kumar Makkad
(Expert) 04 April 2013
Nothing can be said about legal or illegal without going through the contents of the notice. If the petitioner is an aggrieved person due to sending of the notice by the company, he can bring this fact on the file of the case and can seek further relief thereto.
prabhakar singh
(Expert) 04 April 2013
"Suppose "??????
BUT WHY??
WHY DID NOT YOU REVEAL FACTS instantaneously.???????????
Even at this stage you are asking me to suppose instead of telling facts.
The query you posed at first instance has been rightly answered.
You have liberty not to follow but no right to get agitated.
Atal
(Querist) 04 April 2013
Company is a corporate company.From the date of case no one from company representative arrived infront of the case.Company's advocate appear infront of the court after a year later that too submit a vakalatnama. After three month from the date of vakalatnama he issued notice to complainant but he never came in court.Again he arrives infront of the court after a year from the date of vakalatnama.
Atal
(Querist) 04 April 2013
Prabhakar sir,I am not expert.Expecting some expert guidance from you.
Raj Kumar Makkad
(Expert) 04 April 2013
If you have only to obtain guidance from Prabhakar Sir then post this in his PM otherwise you have already been advised on the subsequent facts posted by you.
Atal
(Querist) 04 April 2013
I need sugessions from everyone from this forum
Devajyoti Barman
(Expert) 04 April 2013
Yes it can be sent but what is the purpose?
Atal
(Querist) 04 April 2013
Its my own Case.I was the Idea postpaid customer from Sep 2007 to Sep 2011.Always I paid my dues in advance.Because of my immediate payments company I becomes company's priviledge member.Without any reason company disconnected my services from 5 Oct 2009 to 21 Oct 2009.Later company's nodal officer told me to first clear your dues then your service will start again & You will also get the refund of excess amount which charged by company.But after paying the payment I never receive the refund from the company. I filed the case in March 2011 in Thane Consumer Court.From the date of filling the complaint Company's advocate appears infront of the court after thirteenth month to file a vakalanama.It was 12th date in court in April 2012.I attended every dates of court.Again company's representative disapear from the court for a year. I received notice from company's advocate in June 2012.Company's advocate apear second time infront of the court in April 2013 & it was nineteenth date.
Sir,In this twenty five months 19 dates passed but company representative apear two time only.First time to file vakalatnama & second time to receive the complaint detail.Though he is not coming in court but sending me a notice.How it is legal.I want to lodge a complaint against him to bar council of india & also want to take the whole matter infront of media.Please guide me.If I am wrong please guide me.
Raj Kumar Makkad
(Expert) 04 April 2013
You have not mentioned the contents of the notice. A lawyer performs his duty as per directions of his client. If the opposite party either in person or through its counsel is not appearing before the consumer forum, you need not to file any complaint before bar Council or media rather have to pray before the consumer forum to proceed the opposite party as ex-parte and proceed further for final order after considering your material on the file.
Consumer forum should be requested to expedite the matter.
No comments about the notice of the company without having any knowledge of its contents.
Atal
(Querist) 04 April 2013
Ok sir.I wanted to ex party order on my 19 date. But opponent's advocate appear on this date.I already waisted my two years now I want the decision.Now I am sure that Opponent's advocate will also not appear in next date. Then my matter is as it is.
Atal
(Querist) 04 April 2013
Sir,I know everything is in my favour.Now I am waiting for their reply.But if anyone from their side not appear in the court then what to do
Raj Kumar Makkad
(Expert) 04 April 2013
If no one appears from the side of the opposite party, get the petition proceeded ex-parte on the same day. Why have you wasted all dates when despite of due notice the opposite party failed to come present before the fora? You might have insisted ex-parte proceeding. Anyway, don't repeat earlier mistakes.
Atal
(Querist) 04 April 2013
Ok Makkad Sir,I was unaware of the law.Now I will proceed in my next date according to your suggesion.If they appear in next date what excuse I will expect from them.I already demanded fine from them for the delay.
Raj Kumar Makkad
(Expert) 04 April 2013
You should not insist on petty issues of fine etc. rather should insist to get the reply from the opposite party.
Devajyoti Barman
(Expert) 04 April 2013
regular adjournments are quite regular affairs in court.
Atal
(Querist) 04 April 2013
Ok Makkad Sir I will definitely follow your advice.
R.K Nanda
(Expert) 04 April 2013
agree with experts.
