I filed a complaint in Feb 2013 in consumer court. OP had filed written statement in Jan 2015. Still the case in pending in District Forum. Now I learn that there is only a maximum of 45 days time is allowed for OP to file their WS. As the OP filed his WS after 700 days, can I argue and expect the District Forum to ex-parte the case?
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Lawyers are available now to answer your questions.
Also I need the draft of the petition to be filed in the consumer court.
Firslty, As it has been stated in your query that OP has filed the written statement after the delay of 700 days.
Secondly, yes, you have all right to contest the same as it has been very much delay in the same.
Thirdly, infact you should say that the delay was just to harass the complainant.
See if he is allowed to file WS then in that case he must have filed an condonation application to set aside the delay and ask forum to.accept his WS in case the application is allowed and WS is taken on record then you cannot take this.ground
If no Such application is filed to Set aside the abetment and delay then the plea can be taken before the forum to not to consider the WS on record.
Sir for draft you need to engage am Advocate there are no.ready made drafts given in such ways
You can contact or engage us for drafting the application by paying requisite fee.
As the Consumer District forum is a quasi- judicial authority,empower all the civil court jurisdiction. the main object of the enactment of said forum is to give speedy remedy the the consumer against the efficiency in service and exploitation of the consumer by the seller. If the authority will take time in deciding the matter then whole purpose and object is defeated for its enactment. the consumer forum has also to follow the principle of natural justice, so the the authority has to decide on the basis of the circumstances of the case ,whether the party is deliberately and without any genuine reason wants to prolonging the matter or there is sufficient cause ,when prevented the party in filing their say within time limit.
1. Did you oppose the WS at the time of filing of it on the ground that it is barred by limitation? If he filed the WS after the period laid down then he must have sought the permission of the court to file it. If this permission was granted only then WS could have been taken on record. So now you cannot oppose the WS.
2. For getting the required draft you may engage a lawyer from this portal.
OP have not filed a condonation application to set aside the delay neither alongwith his WS or earlier to that.
But has the court taken the WS on record? If it has been taken on record then it is deemed that court has condoned the delay in the filing of it. You could have opposed the WS being taken on record at the time it was filed.
Then you can file.application before the court to close the right of.defendant to file the WS and praying not to consider the WS filed as same is barred by limitation law.
District forum would not direct matter to be proceeded exparte
Delay in filing WS can be condoned by forum on payment of costs
Your lawyer will draft complaint before consumer forum
There is no ready made draft
Court would condone delay in interest of justice and direct OP to pay costs
1. The decision limiting the time for 45 days for written statement has been passed in the year 2017 and hence his filing of wv in 2015 does not suffer from any hindrance.
2. So on this ground alone the case can not be fixed for ex parte hearing.
3. I am not sure why there is delay in your case but this delay is indeed inexplicable and there should not be such delay.
4. I would advise you to engage another advocate and take fresh stock of the present status of the case and next course of action.
Without filling condonation delay application and leave of court, reply not admissible. Better insist for evidence and final argument and at the time of final argument raise this issue.
The WS must have been file with a delay condonation application.
Though the WS is time barred, the same could have been considered the Court which was empowere on condone the delay on strength of the grounds taken in the delay condonation applicaion.
Take an objection with respect to the unexplained delay in filing the WS.
Request that the same be not looked into and deemed as time barred.
Yes you can ask the court to not consider the WS.
The same can only be filed within 45 days
You may contact me if you need a draft copy of the complaint which are filed in the consumer forum
File an application for putting up the matter for final hearing
hello
the objection should have been taken at the time of the filing of the reply. has he filed a condonation of delay application along with the reply? if not file an objection application against his reply. you can have a draft complaint in case you need it.
regards
Since the OP has already filed the WS, you have lost that chance.
You canot claim exparte decision since the OP has already participated in the case and is continuing to participate in the proceedings.
You have to prosecute your case on merits and documentary evidences in your support.
Also I need the draft of the petition to be filed in the consumer court.
You can contact any advocate of this forum directly through the number available with the admin of this forum and can get it drafted on terms.
OP have not filed a condonation application to set aside the delay neither alongwith his WS or earlier to that.
He need not file a petition seeking to condone the delay because court has not set him exparte for not filing WS at that time.
Hi,
You may write a simple petition to the court.
