Uditi dutta 10 September 2018

Service of Summon via email

Summon sent through email by State And National Consumer. Is it legal?

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10 Replies

Vijay Raj Mahajan (Advocate) 10 September 2018

Yes it is absolutely legal.

Uditi dutta 10 September 2018

can you please refer some case laws

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 10 September 2018

The High Court of Delhi recently joined ranks with several Courts around the country that are experimenting with the usage of technology in judicial proceedings. Justice Rajiv Sahai Endlaw has recently allowed the Plaintiff to serve the summons on on...

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Uditi dutta 10 September 2018

thank you so much ..

Uditi dutta 10 September 2018

i am doing a research on this matter only. So that mean Consumers redressal forums can summon through mail right.

SOLOMON.RAJ (advocate/director) 12 September 2018

Yes not only consumer courts but even family courts are permitted to issue summons via email.

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

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Uditi dutta 12 September 2018

Thank you So much sir,
But as per my research, both National and State consumer Forum cannot issue summons via emal but normal post that too a reputed one. But again O-5, R-9(3) empowers the court to deliver summons by any electronic mode subject to the rules made by respective High Court.But such mode is adopted where delivery by ordinary mode has not been possible or convinient. It is the discretion of the court to see which mode of delivery has to be adopted.Consumer fourms though have all the powers of a civil court are not bound to follow the rules of cpc in strict sense. They have power to make their own rules based on the principles of natural justice. Hence if a consumer forum decides to issue summons by e mail it can't be treated as invalid. Thats why i am confused... Need some relevant cases and materials....
Thank you
Regards
Uditi Dutta
BAllb
Legal Tempus Law Associates
Hyderabad

SOLOMON.RAJ (advocate/director) 12 September 2018

Ms. Uditi Oncesupreme courts rule out and pronounce an order it over rules every act wherher statutory or mandatory laws . Just like sec 377 of the indian.penal code. Point to be considered is whether the SC has inherebt powers . Yes it does. so is the case ipertaining to your query. Not to forget rhat the SC has been harping over electronic issuance of summons time and time again including last month. One needs to be in regular practise to experience all these.