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ANKIT KIRITBHAI SHAH (ADVOCATE)     24 March 2018

Written argument after hearing

Learned Members,

I have filled a case in District Consumer Forum. Hearing is done in that case on 13/03/2018. Judge give the date of 28/03/2018 on order. Now I want to submit a written argument as I feel at last hearing judge had not given enought attention on my arguments.

Now when I have prepared my written documents and went to forum to submit that before order, I came to knew that Judge is on leave till 09/04/2018. Now my questions are:

1. Can I file my written argument with the other members (jury) of the court as Judge is not available?

2. The order date is 28/03/2018. If order has already written by the judge than how can I proceed further? Can I request the judge to review his order (in same district consumer forum)?

3. The argument that I have done was with advocate of opposition no. 4 only.

4. What is the value of order below exhibit? Can I consider it as a final order?

Please give your precious views.



Learning

 12 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     24 March 2018

You can file written arguments with the permission of the court. Once the order is passed afterwards you will have option to appeal the order passed. In my view order below exhibit is final order however order needs to see as to on which application it is passed. It is better you appoint advocate for further proceedings if any.

TGK REDDI   24 March 2018

You can file your Written Arguments in the Office also before the Forum passes its Order..

ANKIT KIRITBHAI SHAH (ADVOCATE)     24 March 2018

Sir should I file an appeal or do I have right for review of order?

TGK REDDI   24 March 2018

Only is Appeal possible.

Kumar Doab (FIN)     25 March 2018

In the absence of presiding officer the members may just receive the documents brought by you.

Kumar Doab (FIN)     25 March 2018

You may log onto;

www.confonet.nic.in

punch the case details and see if any orders has been updated….

Or the members, reader may update you on next date…

 IT shall be better to approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in consumer matters and having successful track record …and worth his/her salt…for a considered opinion on your matter…

Such counsel may advise you without any FEE or for reasonable FEE ….

 

If matter is decided and order is passed the prefer appeal..

KISHAN DUTT KALASKAR (Advocate)     26 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

ANKIT KIRITBHAI SHAH (ADVOCATE)     16 April 2018

Sir,

Can Judge deny to take my written argument on record for the order?

On what basis I can compale Judge to consider my written argument? I mean to say any Civil Order or something?

Please revert me. 

TGK REDDI   16 April 2018

A Judge can't refuse to take your Written Arguments on file.

Basis?

Every Memo presented to the Court by a Party must be taken on file.

ANKIT KIRITBHAI SHAH (ADVOCATE)     16 April 2018

Reddi Sir,

Thank you for your prompt reply but in my case the hearing has been done, after that I have submitted my written argument. Mu doubt is if Judge deny to take my written submission on record than I want some legal ground on which I can tell him that you are abide by the law to take my written argument on record.

Example as per Rule of Civil Order 9 or something!!!!!

Please guide sir.

TGK REDDI   16 April 2018

According to Section 13(4) of The Consumer Protection Act, 1986, a Forum is a Civil Court.

Every High Court has its own Rules of Practice and Circular Orders.

For example, Rule 20 of Andhra Pradesh Civil Rules of Practice and Circular Orders gives the procedure of receiving documents.   According to this Rule, any document placed in the tray ( kept with the Superintendent ) before 4 pm must be received.

I doubt whether my reply will be useful to you.

ANKIT KIRITBHAI SHAH (ADVOCATE)     19 April 2018

Reddi Sir,

Thank you for helping me. You are absolutely right. Judge has given ORDER BELOW EXIBIT-12 in my favour.

Thank you once again to helping me out.


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