• Ways to send a notice if opponent has left the premises

Hi,
  I am Javed resident of Bangalore and have few questions about my case running in District consumer forum.

Five years back, I signed an agreement for a resale flat from the house owner. After agreement, unfortunately I couldn't get house loan from the banks and couldn't get my money back from the owner. So, I had to file a case against him in district consumer forum. I got the judgement in my favor in District consumer forum. The opposite party then challenged the case in State consumer forum.

After a long struggle of four years in state consumer forum, we got the judgement in favor of us and the case was sent back to district consumer forum. Now, we are sending the notice to opposite party to attend the case in district consumer forum and came to know that he has left the premises.

My Question here is:-
1. What is the alternate way to communicate or send a notice if opposite party has left the premises? But, still the Phone number is reachable. Is there any way to communicate on phone?
2. My advocate seems to have shaken the hands with opponent. So, Is it possible to change advocate at this point in time? 

Please kindly advice with above queries and refer any advocate near to Richmond circle of Banglore who can efficiently handle this case as its a last hurdle to cross for us. 

Thanks,
Javed

ernmny8@gmail.com
Asked 5 months ago in Property Law from Sweden
Religion: Muslim
Hi, you can't sent the notice through phone but you can sent the notice by way of substitute services i.e by way of paper publication in leading news paper.

2. You can change your advocate, for that you have to get NOC from the previous counsel and then you have to engage any other advocate of your choice.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
 If you suspect your advocate to have shaken the hands with opponent please take a NOC vakalathnama from him/her and hand over the case to another advocate who deals in Consumer cases. 
If the OP has left the premises and you do not know his whereabouts then try and get his current address or alternative postal address so the notice or summons from the court can be duly served on him. If you are unable to get an alternative address, then file an application Under Order 5 R 20 (1) or (1-A) seeking substituted service of notice/summons on the OP, either by way of affixture of notice on the last known address of the OP or by way of paper publication in two leading newspapers one English daily and One Vernacular (Kannada). You could contact me as I have been dealing exclusively with Consumer Complaints.
My e-mail id is kirannm07@gmail.com and my contact numbers are 91+9341262422.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
1) if notice has been returned un served you have to make application for substituted service 

2) in other words court can direct you to publish notice in 2 local newspapers one in English and one in vernacular language 

3) you are at liberty to change your advocate 

4) number of lawyers on this website from Bangalore 
Ajay Sethi
Advocate, Mumbai
23119 Answers
1214 Consultations
5.0 on 5.0
My Question here is:-
1. What is the alternate way to communicate or send a notice if opposite party has left the premises? But, still the Phone number is reachable. Is there any way to communicate on phone?

You cannot send a notice through phone.
You have to file petition before consumer forum for executing its order under section 27 of the consumer protection act, 1986 which is reproduced below:
Section 27 in the Consumer Protection Act, 1986
27. Penalties.— 95 [
(1) ] Where a trader or a person against whom a complaint is made 2[or the complainant] fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person 96 [or complainant] shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousands rupees but which may extend to ten thousand rupees, or with both: 97 [***]
98 [(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the District Forum or the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of the first class for the trial of offences under this Act, and on such conferment of powers, the District Forum or the State Commission or the National Commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a Judicial Magistrate of the first class for the purpose of the Code of Criminal Procedure, 1973 (2 of 1974).
(3) All offences under this Act may be tried summarily by the District Forum or the State Commission or the National Commission, as the case may be.]




2.  You can change your advocate a any point of time.  In fact you can even appears as a party i person by terminating the services of your advocate if you suspect his integrity.


T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
1.The next step in such cases when the party is not traceable is to publish the notice in two Newspapers, one in English & the other in Vernacular. This step is considered as good service, 

2 . You can very well change your Advocate if you have lost confidence on him. 

3. You can google search your Advocate practicing at Bangalore. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Dear Concerned 

a. Request the court for public notification and give out a notice in local newspaper for the matter. Alternatively file a criminal complaint of cheating and attach a copy of the court notice with the complaint, with the phone number police will be able to trace him. 

b. yes you can change your lawyer anytime you want to. 

Best of Luck. 
Atulay Nehra
Advocate, Noida
427 Answers
15 Consultations
4.7 on 5.0
1. It seems that the case was remanded to the District Forum instead of being decided finally by the State Forum.

2. You have to find out the present residential or work address of the opposite party so that the summons can be served on him. The court will eventually proceed ex parte but then you will not be able to execute the decree if you do not have the address of the defendant.

3. You are free to change your lawyer.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
If you have already approached court of law be it a consumer forum or civil court,you have to follow the further processes too legally and not by your own ideas.

This will create an adverse impact and all your efforts will fail making you to be stranded.

Without a court order you cannot publish anything in newspaper to execute the summons to him.

You can request the court to direct the police to nab the culprit.

In the best or worst case situation you cannot take law into your hands, 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
if paper publication has been done and your opponent does not appear in court  case would proceed in  his absence 

2) you would get exparte orders against your opponent 
Ajay Sethi
Advocate, Mumbai
23119 Answers
1214 Consultations
5.0 on 5.0
The consumer forum will proceed ex parte if despite newspaper publication the respondent does not appear, but the problem is that you will not be able to execute the decree if you do not know where he stays or works. You can seek directions from the court to the police to trace the respondent. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. You shall publish the notice in Newspapers  as per direction to be given by the Forum,

2. You won't have to seek the opposite party  for giving him the notice. If he does not attend the hearing after Newspaper advertisement, the case will be heard ex-parte  in your favour,

3. Since you have already got favourable orders from the Forum and commission, you shall have to now file a execution petition with a prayer for directing the police to arrest him  to force him to comply with the Court Order,

4. You can also get an attachment order on his assets if you can get a list of his assets.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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