Ramesh 07 December 2016

Complaint dismissed for non prosecution

A case was registered by a District Forum and was ordered for the affidavit of complainant. However, the complainant is unaware about the procedure and even his lawyer, who was representing him, did not inform him about the same. As such, the complaint was dismissed for non prosecution. Is there any provision for restoration of the same?

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4 Replies

Suri.Sravan Kumar (senior) 07 December 2016

forum has no power to restore the complaint once it was dismised for default. The forum should not have dismissed the complaint but based on the documents filed the complaint should be disposed on merits. You have to prefer appeal before State Commission to setaside the dismissal order.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 07 December 2016

PROCEDURE FOR FILING APPEALS: In terms of the provisions contained in Section 15 of the Consumer Protection Act, 1986, it has been provided that any person aggrieved by an order passed by the District Forum may prefer an appealagainst such order to the State Commission within 30 days from the date of the order.

Ramesh 10 December 2016

Dear Sirs,

Thank you for your kind advice. Since 33 days have passed from the date of dismissal, please let me know if a fresh complaint could be submitted again before the District Forum regarding the same? or is there any other possible solution?

Thank you.

Ramesh 20 December 2016

Dear Sirs,

Thank you for your kind advice. Since more than 30 days have passed from the date of dismissal, please let me know if a fresh complaint could be submitted again before the District Forum regarding the same? or is there any other possible solution?

Thanks & regards.