I have filed in consumer court on 22/2/16
I have filed in consumer court on22/2/16 and on 29/2/16 date of appeareance of opposite party was 5/4/16.On 5/4/16 the opposite party did not appear and give any written statement.The judge fixed 23/5/16 as next date.Instead of another 15 days ,the opposite party is given another 45 days to reply.Is this correct?As per supreme court judgement on 4/12/15 not more than 45 days for party to reply to be allowed.My lawyer is not willing to contest against the order ,saying not to rub with court officer.I want to oppose time given and pass exparte decree.Can i write to court directly,as my lawyer is refusing.please advice.Very Urgent .Can i change my lawyer and Myself ,without lawyer represent in Consumer court.IS MY LAWYER CORRECT?
Asked in Civil Law from Pune, Maharashtra
1)consumer forum are overloaded with cases
2) hence long dates are given
3) your lawyer is justified in not contesting the order
4) if no reply is filed on next date court may refuse to grant further time to opposite party to file reply
5) do not antagonise the judge
6) dont change your lawyer
1. Your lawyer is right in advising you not to rub the Forum in its wrong side,
2. The Forum is right in directing the opposite party to submit its Written Version within 45 days from the date of its appearance,
3. It will be prudent on your part to argue the case on merit,
4. You can write/appeal before the Court and you can also change your lawyer if you so desire and argue your case in person,
5. In fact, there are several cases before the Consumer Fora where the parties argue thgeir cases directly without being aided by their lawyers.
Your advocate is correct. If you do not trust him then take NOC from him and you can yourself appear in person and fight the case. In the consumer court you actually do not need an advocate.
With a lawyer you are not allowed to write directly to the court, so follow the above procedure and then fight the case yourself.
Your lawyer is right. To antagonize for a minor thing such as this the judge from whom you have sought a favourable decree is stupid and irrational which will backfire on you. You have misunderstood the SC judgment. Be that as it may, you are free to change your lawyer.
You have just filed the case and it is posted for next hearing on a different date later.
This is a routine issue and you cannot pressurise court on this.
You should be lucky if the opposite party files written statement or counter to your case in the next hearing or else he may drag on the issue endlessly through his advocate.
An exparte order cannot be passed within one hearing.
It is your liberty to change your lawyer and engage another one or you can appear as a party in person too.
Thanks to all respected advocates for their valuable advice.
The opposite party did not come with written statement on 5/4/16 inspite of 35 days notice period issued by dist.consumer court and was given another 45 days to reply i.e by 23/5/16.total 80 days they got.
Incase on 23/5/16 if they again did not reply,then can i press for ex-parte,and oppose further time extension?
Can I ask for copy of daily order i.e 5/4/16 court hearing.
Asked 1 year ago
1) yes you can oppose grant of further time for filing reply and pray order be passed for exparte hearing
2) you can obtain certified copy of order passed on 5/4/16 for your record
2. You can obtain a certified copy of the court order of the concerned date,
You can apply for copy of the daily order.
You can pressurise before court for setting the opposite exparte for non-filing of counter/written statement to your complaint.
For filing written statement, the opposite party can be granted upto 90 days from the date of first appearance as per civil procedure code.
Q. Instead of another 15 days ,the opposite party is given another 45 days to reply.Is this correct?
A. it is incorrect the supreme court has dedicate in case of dr. JJ Merchant vs S. chaturvedi AIR 2002 that time for submission of written statement shall not be enlarged more than 45 days from the date of issue of notice, unless an application under section 5 of limitation act is preferred by the opposite party,
you should file a revision application on the basis of j j merchant case,
1. Yes, if the opposite party fails to submit written version even on the next date of hearing, you can certainly pray for an order for going to the next stage,
2. You won't have to ask for the copy of the Order dated 5.4.2016 of the Court. You can separately file an application before the registrar for a certified copy of te said Court order dated 5.4.2016.