Dear Reformist !!!
I have perused your statements with regard to the order of the learned DCF providing thereby the Opp. Party for rebutting the evidences brought on record by the complainant in an ex parte proceeding as against the said O.P.
As per said statement I understand that the ex parte proceedings order is not recalled and even then opportunity to O.P. has been given to rebut the evidences on record brought by the complainant.
Further you have sought reference of any decision passed by NCDRC or any SCDRC in alike matter.
In response to above status, I would like to advise you to file a petition in the court to recall its said order allowing thereby the said O.P. to rebut your evidences brought on case record, on the grounds stated below :-
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As per mandatory provisions laid u/s 13 (2) (b) (ii) and [(3-A)] it is incumbent upon the learned Forum to hear the complainant and settle the dispute without going back to its own order for ex parte proceeding as against the said O.P., who has failed to make any action as well failed to file their version within the time given so far by the court
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The said ex parte order is not recalled and which is not the status of proceedings before passing its erroneous order for rebutting evidences by O.P. against whom instant proceeding is fixed for ex parte
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All the provisions of the Civil Procedure Code are not applicable to the proceedings before the redressal forum constituted under the C.P.Act,1986 [COPRA] and only certain specific provisions enumerated in Sec. 13(4) of the Act, 1986 are made applicable to such proceedings
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The Order for rebutting evidences by the O.P. in ex parte proceedings against them is an excessive exercise of the jurisdiction of the learned DCF and bad in the eyes of law, subject to REVISION by the concerned State Consumer Disputes Redressal Commission (SCDRC).
AND even on your said petition if the DCF allows said O.P. to rebut the your evidences, you are advised to file a Revision Petition [R.P.] u/s 17 [(1)] (b) of COPRA before the Hon'ble SCDRC as against said order; though you may file suggested R.P. even without filing the petition as said above, but said filling of R.P. after exhausting your right to restrain the court, below (DCF) in its erroneous exercise of jurisdiction would get a weigh in your Revision Petition ad hence advised so.
Probably the suggested R.P. before SCDRC at your end and its outcome would be a precedence.
Hope, my above response might have given some focus on remedy, available so far as against such an erroneous order of DCF.
For any further advise & assistance in this matter, please feel free to approach me.
Thanking you,
SHIVESH KUMAR SINHA, Advocate Cum Legal Adviser, www.powertoconsumer.in
: 98 493 45 755 – 
