• Stay order

Respected Sir/Madam
Brief history:
Purchased a Mysore urban authority approved plot from a co operative society.and Registered Sale deed executed...Society refused to give possession..State consumer forum Bangalore passed decree to give plot and mental agony june 2018..The respondent did not challenge the order in NCRDC.Execution petition filed dec 2018.Due to non compliance NBW issued.

The society president approached State commission and took Stay on the ground that presently there is no board so he can't comply with the order...
The order was passed in June 2018..Giving him 6 month time to comply.Further Execution petition filed Dec 2018..2019 august NBW issued.he got it cancel..Again on Feb 2020 NBW issued and execution court refused to grant more time..The respondent wasted 16 month and now got stay on the excuse Feb 20 society election.The society board was in effective till then.
My question.
1) can the state consumer commission review it's own order after 2 years?
2)The State commission has not accepted my deficiency in service claim of 4 lakhs..This dilatory tactics of respondent is deficiency in service and contempt of court in not complying.
Can I now ask the State commission to grant relief of 4 lakhs or can I approach NCRDC for the same?
3)To vacate the stay should I approach NCRDC or request State commission to vacate the stay?
4)Does the State commision have juridiction to grant stay ?After 16 month of proceeding?..The executing court was following State Consumer commission order and respondent had 16 month time
Kindly Advice 
Regards
Divya

 .
Asked 4 years ago in Consumer Law

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39 Answers

It cannot review its own orders 

 

2) you can file appeal against stay order passed by state commission with NCRDC

 

3) state commission can extend stay 

Ajay Sethi
Advocate, Mumbai
96717 Answers
7797 Consultations

Limitstion over to file review.

Challenge the order of SC before NC.

Stay was not correct, you should have challenged it on the first time when stay granted. Challege it before NC.

SC can stay order in appeal.

But respondent already had lot time. Stay should have vacated. 

Yogendra Singh Rajawat
Advocate, Jaipur
22971 Answers
31 Consultations

1. It's not clear why the Appeal in which the stay order was passed is not disposed of as yet. So either expedite hearing of Appeal or file IA seeking vacation of stay order. 

2. Do as advised above. 

3. Same as above. 

4. Yes in Appeal or Revision filed challenging the order or judgement of consumer forum. 

Devajyoti Barman
Advocate, Kolkata
23181 Answers
510 Consultations

1. As per law, the State commission has no power to review its order , except the National Commission having the said power.

- Specially after a gap of two year , review is not applicable.

2. You should challenge the said order passed by the state commission against you for the refusal of deficiency of service before the National commission .

- There is sufficient ground for deficiency of service.

3. Approach NCRDC ,as you have fit ground to vacate the stay order 

4.Yes, if the ground for stay is sufficient , however you should approach the National Commission . 

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

You can apply to forum seeking a direction to authorize any member of society to act on behalf of the society to comply with the court order. 

If forum do not accept such request you can approach NCDRC or can approach High court .

High can invoke it's special power under sec 482 cpc and issue all necessary direction to do the justice. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. It can. State commission is not effective. Chance should not be given to such Defaulters

2. No you to approach National commission. State can't give you anything after order is passed

3. You can approach state commission also and If they don't then national. 

4. State commission can but need to record the reasons. You can try to challenge the said order in writ before HC as it's erroneous to delay to such a extent in consumer forum frustrating the objects of the Act

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

1. No.

2. Approach NCRDC

3. NCRDC

4. NO.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. The order can be reviewed.

2. Too long a rope has been given by State Commission in this case.

3. You can approach the NCDRC to vacate the stay order.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

No, the State Commission cannot review its own order, but can extend stay if it is pending.

You can challenge the order of State Commission by filing appeal against the said stay in NCRDC.

You can seek relief of  your claim.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

For this you need to go to a lawyer with the entire facts of the case, including a copy of the stay and the petition under which it was granted and file an application for stay cancellation

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Dear Sir,

The state consumer commission can't review it's own order after 2 years. You are suggested to file separate petition for compensation for deficiency in service claim of 4 lakhs. Also for vacate the stay, you approach State commission first. The State commission does not have jurisdiction to grant stay after 16 months of proceedings. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

1. No, the same court cannot review its own orders.

2. The state commission has not given you the relief of compensation sought in the prayer, then, aggrieved over the rejection of the prayer/relief, yo may very well aproach the national commission against this aggrieved judgment.

3. You can file a petition before the same court which has granted stay to vacate the same for the reasons you may rely upon by filing your counter  to that stay petition.

4. Yes they can.

 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

Better is to file reply in state commission 

 

2) even if you file appeal in NCRDC it would take time to appear on board 

 

3) for claiming RS 4 lakhs you have to file appeal against state commission order rejecting your claim of Rs 4 lakhs 

 

4) your appeal would be barred by limitation 

 

5) objections can be sent by speed post or regd post 

6) you have to apply to court to avail video conferencing 

Ajay Sethi
Advocate, Mumbai
96717 Answers
7797 Consultations

1. If the stay order has been passed by the state commission, you may have to approach the state commission only for filing an application to vacate the stay.

2. Since the trial court has not entertained your claim for the said Rs. 4 lakhs, you may have to prefer an appeal against this aggrieved judgment before the appellate court.

3. The video conferencing facility has been provided with due instructions and procedures  by the regular courts.

It is still not known whether consumer forums are allowing video conferencing facilities to hear the cases or trial are conducted through video conferencing.

You may confirm the same through your sources.

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

As such there is no provision appear through video conference for party. Attendance its similar legal word appearance party himself or through Advocate.

You can ask Advocate to appear on behalf of you.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1. You should approach NCRDC to vacate the stay

2. Challenge the said order of State commission before NCRDC on the ground of deficiency of service.

3. I dont think , there is facility of video conferencing , hence you should engage a local lawyer there. 

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

1. File the primary objection in state commission only.

2. File in NCRDC

3. Check online portal for these services availability 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. File vacating petition in state commission.

2. You have missed the bus. You had to prefer appeal then . Now after 2 years the scope has gone.

3. No

Devajyoti Barman
Advocate, Kolkata
23181 Answers
510 Consultations

1. Yes state commission can't review it's order you should make application for review of order in National commission.

2. Yes you can approach NCDRC.

3. You should approach NCDRC for getting the stay vacated.

4. Yes state commission can grant stay.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

It's better to object if it doesn't work approach NC. It's 4 lakhs jurisdiction is district commission

Yes you can ask also pray for video conferencing

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

1.File your objection and wait for the State Commission to decide the application for stay vavation.

2. If the stay vacation application is dismissed then you may challenge the order before NCDRC.

3. Separate petition will not be maintainable.

4. You may seek permission to argue through video conferencing.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Approch NC if SC reject your objection and continue stay order.

You should have file appeal against low compensation. Now barred by limitstion. Better file cross claim before SC in same case.

Personal presence or through advocate only.

File cross claim 

Yogendra Singh Rajawat
Advocate, Jaipur
22971 Answers
31 Consultations

The state commission cannot grant stay on the execution application. You should approach the national commission for this and also demand deficiency in services.

Rahul Mishra
Advocate, Lucknow
14103 Answers
65 Consultations

When the state commission has rejected your claim of deficiency in services then you have to file it in the national commission. Ask the national commission to direct the state commission to dispose the case expeditiously and take into consideration 4 lakh compensation again or let the national commission decide it.

Rahul Mishra
Advocate, Lucknow
14103 Answers
65 Consultations

You can email them If there is any available email if for urgent hearing and file the application online and proceed through VC. 

If not resolved you can move to NC but in pandemic you will not get any special relief there also. 

It's better to wait till the court functions as no Coercive action will be taken by any court in pandemic

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

U can challege the stay before national commission.

If you will file cross claim than only can claim compensation and pray for dismissal of appeal with cost.

Hire local lawyer. You can send your reply via speed post but no surety, it will take on record. Advocate can duly represent your case.

Yogendra Singh Rajawat
Advocate, Jaipur
22971 Answers
31 Consultations

On account of pandemic only adjournments would be granted , no hearing would take place 

 

2) NCRDC would not vacate the stay if adjournments have been granted on account of pandemic 

Ajay Sethi
Advocate, Mumbai
96717 Answers
7797 Consultations

Yes you can .

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

2. You can send your version by speed post, no doubt the court is not going to take any action on it even if you dont send any.

3. You can.

4. You cannot travel beyond the relief for what you have approached the court.

The additional relief can be sought only after the main relief has been disposed.

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

- Yes , you can send your submission by post or email as well. However, there is direction from the Supreme Court , for not to pass any adverse order due to absence of parties of the case due to Covid-19.

- Yes, you can approach NCRDC for vacate. 

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

1. You can but the chances are less in covid

2. No. Only in emergent situation. 

3. Yes if you don't get any hearing 

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

It would be futile on account of pandemic as courts are only taking urgent cases 

 

2) filing of writ petition would not serve any purpose 

Ajay Sethi
Advocate, Mumbai
96717 Answers
7797 Consultations

1. You can but it's unlikely to be allowed. 

2. You can file general MA . There is no specific provision to prepone it.

3. No.

Devajyoti Barman
Advocate, Kolkata
23181 Answers
510 Consultations

1. You may have to file a hearing advance petition,  to which he has to file his counter objecting your petition after receiving a copy,  the court will hear the arguments of both sides fixed on another day and pass an order to advance the hearing date. 

This process itself would take another three to four months,  hence decide about it practically. 

2. See the above answer. 

3. No writ petition would be maintainable in this regard. 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

Court only hearing urgent matters. 

Writ Petition is not maintainable. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1. Yes.

2. No

3. May be

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Yes, you can move an application for early hearing after preponing the next date of hearing .

2. Further if rejected , then can approach National Commission . 

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

1. Due to covid it may not be possible.

3. No HC will not entertain.

Regards

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

1) Yes, you can, for which you need to show urgency and undue hardship because of long posting.

2) You can make an application seeking advancement of hearing, based on above grounds.

3) NO.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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