Hi Experts, In one of the consumer court cases, the OP party lawyer did not appeared in the District forum after filing the memo on 1 date and then the case was allowed in our favor ex-parte. After that we filed Execution in Sec 27 of Consumer Protection act. Then opposite party appeared on 1 date and plead with a Miscellaneous application that they did not received the final order from the court and they only got it after they applied the certified copy in the registry of the Forum.
In Actual, we have examined/inspected the court file which clearly shows the stamp of opposite party's office on the final order receiving. And even after receiving the copy of final order through Court via Dasti, he delayed the proceedings in Execution case and applied for the final order copy after 2 months(2 dates) of receiving the summon for Execution Petition. Meanwhile, he is trying to approach State Commission against the ex-parte order. Please guide me, what shall i do as he has filed the Miscellaneous application to stay the Execution case till he applies in State commission.
Also, let me know if there is any Judgment from the National Commission or Apex court that if opposite party lawyer does not appear in a case then complainant should not suffer because of his negligence.
Urgent reply is appreciated.
Thanks in Advance.
