My consumer court case is pending in the state forum at the last stage. The oral arguments are scheduled towards the end of this month. There are 2 opposite parties. OP 1 has contested the case. OP 2 is absent throughout and has given no response at all. The dist forum gave judgement against me. I appealled. Now I want to know if there are any judgements which we can quote i.e. any judgements which go against the OP merely because they did not contest the case. Other merits of the case are dealt with by my lawyer.
Opposite Party (OP) does not automatically guarantee a judgment in your favour, but it does allow the court to draw an adverse inferenceand accept your evidence as unrebutted. Since OP 2 has remained absent and failed to file a response, they have forfeited their right to contest the facts you have presented
While they may still participate in oral arguments, they cannot introduce new facts or evidence to counter your claims.
If any opposite party to a suit remains absent, they will be set ex parte. If the decision goes against them, they will suffer. But, the plaintiff or petitioner cannot seek to set aside the adverse order on the ground that one of the opposite parties did not respond to the proceedings. You have no case to argue that way.
You don’t need such judgements. If he doesn’t contest still the final order is executable against him
Mere absence of OP does NOT automatically guarantee a decree in your favour. However, it significantly strengthens your case if your evidence is unrebutted
In a consumer grievances redressal case if OP fails to appear or file written version, then the complainant’s evidence remains unchallenged and can be accepted as true if it is credible and supported by documents. You can keep this as a strong point in your appeal.
New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd. (SC, Constitution Bench).
Consumer forum passed order against OP who never appeared
Held that complainant’s case stood unrebutted and hence accepted.
