Hello Members,
I filed a case against Residential Society in the District Consumer Forum. The final order was given on my favor by the District Forum as respondent appeared only 2 times and also failed to file WS. But the responded didn’t obey the order, so I filed another case for the Execution. On almost last day of the judgment, when judge recommended for the 2 years of impressments, Respondent’s advocate appeared to the forum with stay order from State Commission. In the order State Commission asked District forum to send complete file to State Commission where State Commission will review the order.
In fact Respondent filed an appeal in the State Commission against the order of the District forum and the appeal is filed after 400 days of order given by the District forum. As per Section 15, Responded can file an appeal within period of 30+15 days from the date of the order. But responded file an appeal after 400 days of the order.
Now State Commission is asking me to file reply of the appeal filed against me. Considering the fact that an appeal is filed after 400 days of the order, State Commission should not admit that appeal and should reject it. But responded argued that Respondent’s daughter was seriously ill and was admitted to the trauma center.
Please provide me some guide-line so that I can prepare my reply and also provide me some judgment passed in the same line of context which can help me out to prepare my reply.
I would like to thank you everybody to share their experience and guide-line in advance.
Best Regards,
Anu Gupta
