suryagaurav (manager) 02 June 2011

effect of abesence in consumer matter in district forum

sir,

there is a case pending in district forum at delhi. from last one year, i am facing costs and rude behaviour of judge due to unknown reasons to me.

some time before when enquired I found that the person who filed complaint is a relative of that judge thats why judge is biased.

now i want to contest it in state forum(where I think , i would be listened by judges).

I have some queries like:-

what is the effect if I remain absent at district forum?

can I file appeal after distt. forum order given in my absence?

can distt. forum has authority to issue summon or warrant against me in case of absence?

pls guide,

thanx

prabhakar singh (advocate) 03 June 2011

Once you have put apperance,and you absent to appear on next date,the case can proceed exparty and a judgement can be pronounced ex party agaist you and set aside the same you will first be rquired to move before same very court to get the ex parte judgement /order set aside ,in case it is rejected,you can appeal before state forum. IT will be better that you veryfy the fact that the judge is relative of the party litigating against you,and then move a transfer application before State Forum.summons can be issued for your presence but warrants etc.would come to play for execution of the order ,if passed, exparty,or after hearing both parties, and not complied by you as desired by order..