Opposite party absent, how to proceed ?

The maximum time limit for filing written statement by the Opp Party as per the consumer protection Act is 45 days. If the OP fails to file WS even after 45 days you can ask the forum/State commn to forfeit the right of the Opp Party to file WS.

Sir,

it has been around 4 months since the date OP received the court notice, so definately he doesn't have right to file WS, but still court is giving him more time. even today i requested the hon'ble judge to move the case for the next stage, but they are not agree and told that they will wait for his version. 

one advocate who was present there suggested me to file " evidences in the form of affidavit" , to proceed and i also found the format for the same in this site. but how it should be used i have no idea, and in which stage it should be submitted. sir can you pls help me in this regard.

 

Dear Priyank,

Since 4 months have been passed, the Respondent truly does not have any legal right to file his written statement. As the Respondent has been given the date 03-07-2015, see if he files the written statement on this day. If not, then you can file a petition for speedy disposal of the case and plead the Hon'ble Commission to set the Respondent Ex parte.The judge might listen to you.

 

 

Sir , thanks for the reply . You have suggested to " file a petition for speedy disposal of the case and plead the Hon'ble Commission to set the Respondent Ex parte" sir how to file this petition ? Can you pls provide some format for the same?

My complaint was submitted with affidavit which was having copies of all the evidences. Whether I need to submit again " evidences in the form of affidavit " and when it will be required ? Also when my all the origional documents will be varified ?