Nitin (Manager) 05 January 2014

Jurisdiction

Dear Sir,

I am a standing counsel of bank and I have lost the case in Lucknow District Consumer Forum. The winning party got an exparte order from the District Consumer Forum in my absence. Inspite of winning the case, the winning party still produced the said case before the State Consumer Disputes Redressal Forum, U.P. i.e. in Lucknow and in this court/forum also, the winning party got the order in his favour.

Please tell me what are the other remedies available.

Does district forum have any other jurisdiction to hear my case after filing any condonation of delay application ?

Pls help me and thanks in advance

Reply Follow

6 Replies

adv.raghavan (Advocate,9444674980) 05 January 2014

you can make an appeal to National commission, with in 30 days.

Nitin (Manager) 06 January 2014

advocate raghvan ji,

First of all thanks a lot for quick response from your side.

Can't it be possible to change the judgement of District Forum or State Consumer Disputes Redressal Forum by any review application or by any other means ?

Don't I have any remedy at District Level or State Level forums ?

It is already headed in the CPC that "Courts have inherent power to change their own judgements"

Secondly, District and State Level Forums have a power to review the case. So, can't there be any review applications for the same.

I want to defend the case either at District Level Forums or State Level Forums as per Consumer Protection Act, 1986. Is it still possible or the train had left its destination forever ?

What do you think - National Commission at Delhi is the final resort for myself ?

Please let me know.

I welcome all the responses from other members of lawyersclubindia.

Regards,

Advocate Bhartesh goyal (advocate) 07 January 2014

Mr Nitin

{1} District Consumer Redressal Forum and State Commission have no power to review or recall their order/judgments,this power only vests to National Commission.

{2 }CPC does not strictly applies in consumer cases so in your caseDistrict Consumer Forum can not pass any order under the provision of sec 151 of CPC.

{3} You have the option to file appeal against the order of District Forum before State Commission u/.sec 15 of Act.you need not to approach National Commission.

Nitin (Manager) 08 January 2014

Advocate bhartesh goyaljee,

Thanks a lot for your valuable advice.

Sir,

In case, If I continue to file the appeal in the State Consumer Disputes Redressal forum, then the opposite party will take the plea of RES-JUDICATA and my case will be decided/disposed off against myself straightaway.

What can I do in such case ?

Will the State Consumer Disputes Redressal forum not ask about my absence in appeal raised by my opposite party ?

What are the list of excuses that I can take to avoid such question/interrogation ?

Warm regards,

Nitin Gupta Advocate

Advocate Bhartesh goyal (advocate) 08 January 2014

Nitin

[1] Principle of res- judicata never applies in appeals.

[2] File an appeal before State Commission along with the application u/s 5 of Limitation Act mention therein the reason for condonation of delay in filing appeal.If .Appellate court condone the delay the you will be heared on merits of the case .

Nitin (Manager) 09 January 2014

In this case, if an appeal by myself be produced and got entertained by the Consumer Courts then what's the use of so called REVIEW PETITION.

Secondly, If there be numerous complainants and numerous repsondents then they will keep on filing appeals and the case shall never be decided which will be lead to unusual delay.

I am still confused between

(1) REVIEW PETITION to the SCDRC, Lucknow

(2) APPEAL to SCDRC, Lucknow

(3) APPEAL to NCDRC, New Delhi

What should I do ?