• National Consumer Grievance Redress Commission, New Delhi

Sir,
  I had made complaint in District Consumer Forum against one tour operator for skipping the places committed to take us for tour.  The tour operator (OP) is confined to dispute on 'cause of action and jurisdiction', so that court cannot take up the main complaint. After loosing the case in District forum the OP had filed RP in State Commission, West Bengal. I have won the case in State Commission too on contest. Now the real problem has cropped up. The OP has filed a RP in National Commission, New Delhi on 28.06.2016 challenging the order of State Commission dated 20.4.2016 pending admission hearing on 23.08.2016. Although the RP IS BARRED BY LIMITATION OF 30 DAYS, they have filed after 68 days.
    I have confidence that I can prepare rejoinder/reply to RP by myself in a manner I had drafted for State Commission. But my personal appearance in National commission in new Delhi  is very difficult due to my old age and physical unfitness. 
   Kindly advise  (1) Is my personal appearance essential in National Commission?   (2) Can I file rejoinder by post as and when I shall get Notice by post (3) Since you are in New Delhi, can you arrange yourself or your colleague to submit my rejoinder during hearing, in case the RP is admitted. (4) If yes please communicate over phone / e-mail the conditions.
Nadeem Qureshi
Advocate, New Delhi is requested to also  please reply.
Asked 4 months ago in Civil Law from Kalyani, West Bengal
1) your personal appearance is not necessary 

2) you can engage lawyer to appear on your behalf 

3) your lawyer can file  reply on your behalf 

4) you  can contact any lawyer on this website from Delhi 
Ajay Sethi
Advocate, Mumbai
23145 Answers
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If you do not appear national commission will pass orders on merits 
Ajay Sethi
Advocate, Mumbai
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You should appear in person and file rejoinder or through an advocate 
Ajay Sethi
Advocate, Mumbai
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You cannot file rejoinder by post. It has to be filed personally. Check this portal for Delhi based advocates.
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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It would not be physically convenient and financially beneficial to travel to attend each occasion to fight the case in DELHI.
I would advise you to engage an advocate in NC who can very well fight the case on your behalf.
You can contact Mr Sagar Saxena ( M-987156571).He appears in NC and I know him personally and professionally.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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Kindly advise  (1) Is my personal appearance essential in National Commission?

Personal appearance before national commission is not essential, you can send it by registered post or through an authorised representative.




   (2) Can I file rejoinder by post as and when I shall get Notice by post 

Yes




(3) Since you are in New Delhi, can you arrange yourself or your colleague to submit my rejoinder during hearing, in case the RP is admitted.

Yes you can authorise anyone at Delhi to represent your case by executing a GPA also.


T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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What, if i do not appear in National Commission. Will the case be adjudicated on merit in case it is experte decision.

After sending you a notice, the national commission may decide in your absence based on the merits of the case before it.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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List and contact numbers of Delhi based advocates  to appear in National Commission for the present

You can check it from the commission's bar association web site.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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Can I file rejoinder by post as and when I shall get Notice by post

Yes you can send it by registered post addressing the sender, i.e. the Registrar of the national commission.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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Is there Tele conference system carry out  proceedings of National Commission like that of National Commission of RTI ?

You may have to personally clarify the same by writing to the commission office at Delhi.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0

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