Time limit for reply and recording court process on video
Consumer Complainant
(Querist) 08 June 2018
This query is : Open
Dear Legal Experts and Advocates,
I thank you for providing me with legal advice so far. Its been a humbling experience so far. And I am asking for some more inputs.
Cause of posting this query:
The District Consumer Forum on receiving a complaint, in its judgement dated 4-12-2015 in Civil Appeal Nos. 10941 10942 of 2013 New India Assurance Co. Ltd. v/s Hilli Multipurpose Cold Storage Pvt. Ltd. & other connected matter, decided on December 4, 2015 the Honourable Supreme Court of India delivered by a specially constituted three-judge bench [Justice Anil Dave for the bench along with Justices Vikarmajit Sen and Pinaki Chandra Ghose], has said, the opposite party is required to be given notice, directing him to give his version within 30 days. This time can be extended by another 15 days. This extension may be granted by a District Forum or The State or National Consumer Commission.
Hence the opposite parties have only 45 days time to file a reply for the complaint made against them in a Consumer Complaint from the date of notice.
In my case at the Tumkur DCDRF, the OP has simply come and sat inside the court without coming before the judge/president. for 90 days. The same I have made known to the president via letter.
After 90 days are over from date of notice, one advocate appears and files vakalathnama on 90th day. I objected to president accepting the vakalathnama as it is over 90 days that the OPs have not filed reply to my complaint.
The president said that vakalathnama they have filed. But till the 90th day from date of issue of notice to OPs, nobody came to the judge and told anything nor did any advocate file any vakalathnama.
This is wrong in law, the president is directly commited offence by not following the orders of the Hon Supreme Court of India.
How to tackle this? However I have given letter asking president to pass exparte orders since the OPs have appeared for all the previous dates and not filed any reply till date which was 90th day from the date of issuance of notice to OPs by the consumer court.
Any inputs will be appreciated.
Ms.Usha Kapoor
(Expert) 09 June 2018
The Judge will use his discretionary powers to pass exparte decree or not as the opposite party has not appeared and filed vakalat till 90th day.
Consumer Complainant
(Querist) 09 June 2018
Dear Usha Madam.
You have not read the question properly. The judge has already erred by telling that the OP advocate has already filed vakalath. Infact the vakalath was filed on the 90th day when I was giving memo to the court asking the court to pass exparte orders as since 1st day till that day even though the parties appeared in court they have not filed any reply to the complaint. And reply should be filed within 45 days and not beyond that.
The President cannot accept the vakalathnama on other days than that of hearing dates. If the OP advocate wants to recall the case between the dates then the OP should be informed of it, is it not?
I was not informed of anything like that, and OP advocate told on 90th day that he was filing the vakalathnama on that day.
How to nail this crooked judge?
Consumer Complainant
(Querist) 09 June 2018
Vakalath the OP can get filed through advocate even when the case is posted for arguments. The point is the OP should file reply within 45 days from him getting the notice from court. In this case already 90 days are over and OP not filed reply. Filing vakalath on 90th day is not filing reply to complaint, but only dragging case further, by filing vakalathnama and taking one more date which the judge already gave.
Ms.Usha Kapoor
(Expert) 09 June 2018
Reply to OP should have been filed within 45 days. But till 90th day Opposite party not filed reply. The Judge may pass exparte orders soon..If the Judge is partial or corrupt to avoid conflict of interest he should recluse. Then he may produce himself before District Judge or Chief Justice of High court to Recuse him.
Consumer Complainant
(Querist) 09 June 2018
Madam do you think the president will go and stand in front of DJ or CJI of HC because he is partial ?? I did not get you. Please leave the query open so that someone else can reply. You are not helping with your answer.
Ms.Usha Kapoor
(Expert) 09 June 2018
iF YOU WANT CHANGE Of Judge i SUGGESTED recuse OPTION.
Consumer Complainant
(Querist) 10 June 2018
That option is worse option than fighting the case. I want to know if something can be done to the judge, like complaint etc. To whom and how?
Ms.Usha Kapoor
(Expert) 10 June 2018
You try through print and electronic media English News Channels such as NDTV< Republic. India Today etc. They will conduct investigative Journalism and unearth the truth.
Ms.Usha Kapoor
(Expert) 12 June 2018
\Media means News Pampers and Tv News Channels as I cited above. they will secretly investigate the judge and unearth the truth . you said the judge may have been bribed by opposite party. All such angles media will probe and bring out the truth as to why the judge is partial towards the opposite party.
Ms.Usha Kapoor
(Expert) 12 June 2018
\Media means News Pampers and Tv News Channels as I cited above. they will secretly investigate the judge and unearth the truth . you said the judge may have been bribed by opposite party. All such angles media will probe and bring out the truth as to why the judge is partial towards the opposite party.
Consumer Complainant
(Querist) 13 June 2018
Madam Usha ji Please stop fooling around. Please allow someone sensible to reply.
