Process to file WV by OP after 45 days in consumer court
I am a medicine retailer and the OP in a District Consumer forum case. The first letter from District Consumer forum written to me, asked to submit my WV by 24th May,2016.
Now, as per the direction ( Seems this was a wrong stand ) of my lawyer the WV was not submitted till date and a petition on Maintainability was filed.
The judge, on 20th June, 2016, rejected the Maintainability field and made "Ex-parte" against me for not filing WV.
Now, what should be my move now ? Should I go to State Consumer forum to remove this "Ex-parte" ground ? Or, to file a petition at the same District forum requesting to allow me to submit the WV ? Now, What I understand, I have only 30 days to go State Forum. Hence,If I apply at District forum and the process get delayed by its own, I may loose the opportunity to go to State Forum as well. In what ground I can make the petition ? What is the provision of law for this ?
Asked 2 years ago in Civil Law from Kolkata, West Bengal
1) file petition before district forum to permit you to file WS and set aside order of exparte
2) as per latest SC judgment delay in filing WS cannot be condoned as you have failed to file WS within period mentioned in summons issued to you
3) Hon’ble Supreme Court in its recent judgement clarified that forums/commission under the Consumer Protection Act “can grant a further period of 15 days to the opposite party for filing his version or reply and not beyond that”. It is therefore now clear that the total time for filing of reply can not exceed beyond 45 days, as per Section 13(2)(a) of the Consumer Protection Act, 1986.
Apply to the District Consumer Forum to recall its order. If it does not restore your defence then you may move the State Forum. Your time limit to move the State Forum shall begin from the date on which the district forum rejects your petition to restore your defence.
1. When your maintainability petition was rejected, the Forum was to direct you to submit the WS a not give an immediate direction of ex-parte hearing,
2. You should nor file a petition before the same Forum praying for vacating the ex-parte hearing order showing reason for your not submitting the WS,
3. If your said petition for vacating the ex-parte hearing order is rejected, file an application challenging the said order before the State Consumer Commission praying for direction upon the District Forum to accept your WS and proceed with the matter,
4. By filing the said application before the District Forum you will not loose the opportunity to approach the State Commission, rather you should exhaust all your steps to get justice/relief from the District Forum and after failing to get justice only you should approach the State Commission.
Under the circumstances you have to file a a petition to restore the case UNDER ORDER XI RULE 7 OF THE CIVIL PROCEDURE CODE 1908 along with your written version in the same court. You do not have to prefer an appeal agaisnt this decision before state commission, you can file this petition in the same district forum itself. You may even think about changing the lawyer and also may appear as a party in person too.