Whether case case can be decided without issuing notices to Opposite Parties
Rajneesh Madhok
(Querist) 18 May 2011
This query is : Resolved
Sir,
I appeared before the Consumer Court, Kapurthala in one of my case. Today I got a very strange experience. The matter was agaisnt BSNL and was lingering on since long. In this connection I filed the application under RTI Act to know the status of my application. Today was the hearing, Previously the Superintendent provided me the Reply to my application.
And afterwards was the hearing. In the last hearing I had shown all documents that the Broad band was faulty and the representations had been made to the authorities several times including the reply made by them. The reply was again misleading which is deficiency in service.
On last hearing the full case has been heard by the President and the member,. and the next date of hearing was fixed for today. Sir, the matter of consideration is. The amount charged by the O.P. was also tallied as per my application:
Whether my complaint has not been admitted? If not then why not the decision has been made on the last hearing. Today was the 4th hearing. First the date was given for Preliminary hearing.
Second time it was postponed due to non completion of quorum.
Third time the hearing was conducted and the matter has been put before the forum. But no direction regarding issue of notices to the Opposite parties had been made.
Today in hearing the President told that the decision will be sent to me in a week.
Whether my application has not been admitted.
CONSUMER COURT CASE
Whether the decision can be made without issuing notices to the opposite parties.
Without issuing notices, we can't say that it is Ex-parte decision.
I hope there is no provision of decision without hearing the opposite party.
In your opinion what will be the matter. Whether the complaint has been admitted or not. If it is not admitted then why the subsequent hearing dates had been given.
Whether the consumer forum can decide the case on the basis of merits without issuing notices to O.P. (Reespondents)
Kindly suggest the next course of action.
Rajneesh Madhok,
B-xxx/63, Nehru Nagar, St. No. 2, Railway Road, Phagwara.
M/s. Y-not legal services
(Expert) 19 May 2011
No.. A consumer forum can not pass any orders without hearing the opposite party. Usually court can pass any interim stay on merits without hearing the other side.. But never can pass final orders unless the matter got exparty. A legal maxim is available for indian law.. AUDI ALTERAM PARTEM its mean Hear the other side. One of the land mark principle for indian laws.
Advocate. Arunagiri
(Expert) 19 May 2011
Only interim orders can be passed without ordering notice to the other side. The final orders will be passed on after ordering notice.
Rajneesh Madhok
(Querist) 19 May 2011
http://www.indiankanoon.org/doc/162800/
Sir,
Kindly look in to this decision:
In this case Complaint against Bank for honouring forged cheques and cheques with altered figures:- When acount-holder had complained that Bank honoured forged cheques and cheques with altered figures. but National commission without even issuing notice to Bank held that dispute was not triable by Commission. Held that such decision of Commission was premature. The Commission ought to have issued notice to the respondent and taken its pleadings on record. Only when the pleadings for both parties were available should the commission have formed an opinion as to the nature and scope of enquiry. i.e. whether the questions arising for decision in the light of the pleadings of the parties required a detailed and complicated investigation into the facts which was incapable of being undertaken in a summary and speedy manner. Then the commission could have justifiably formed on opinion on the need of driving away the complainant to the Civil Court. Mere complicated nature of the facts and law arising for decision would not be decisive.
Guest
(Expert) 19 May 2011
Dear Rajneesh,
You may better wait for the decision of the forum in due course and then come with your question stating the outcome of the case.
Guest
(Expert) 19 May 2011
Dear Rajneesh,
You have mixed up a 2nd case with your first case, both being quite different.
However, about erratic service by Bank, you may better first approach the banking ombudsman with your complaint against the bank. Thereafter on receipt of decision of the banking ombudsman, you may decisde taking any further action about the cheques.
Rajneesh Madhok
(Querist) 19 May 2011
Dear Mr. Dhingra,
Regards,
I hope you have not viewed the decision, for which I have sent the link. The complaint regarding Bank is not my case but it is the decision of Supreme Court in another case. In that case also the Consumer Disputes Redressal Commission has not issued the notices to the opposite party. Nobody approach to the Supreme Court in the first attempt. The complainant would have highlighted the problems and complained before the approriate authorities before going to Supreme Court. Kindly view the link and read full case and match that case with my case and then reply accordingly.
Thanks
Regards,
Rajneesh
