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
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 .
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
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.
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.
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 .
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.
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
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.
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.
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
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.
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.
Thanks to all. Next date of hearing is on 6 th August in state commission banglore..I. Have to file objection against stay order. 1)which will be best legal option..To approach NCRDC to vacate the stay OR to file objection on 6th to vacate stay at state commission bangalore . 2)June 2018 state commission allowed my claim of plot and mental agony of 5 lakhs,but declined my 4 lakh for deficiency in service..But the respondent still not comply the court order even after 2 year and even 16 months passing after filing execution petition...This prove deficiency in service as well contempt...Can I file separate petition for claiming 4 lakh ?Where to file ..In the same state commission or NCRDC.. 3)I'm presently in Pune and can I ask for video conferencing..Can I file objection thru regd or speed post?What is the procedure to get permission for video conferencing. Thanking you all very much.. Regards Divya
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
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.
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.
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.
1. File the primary objection in state commission only.
2. File in NCRDC
3. Check online portal for these services availability
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
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.
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
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.
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
The state commission cannot grant stay on the execution application. You should approach the national commission for this and also demand deficiency in services.
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.
Thanks to all esteem members. Due to pandemic ii will not be able to attend in person in State consumer forum bangalore as iam located in Pune 1) ) NBW issued on 5/2/20 by District Forum mysore for the reason twice the opposite party failed to appear nor his lawyer.appeared.The execution petition was filed in Dec 2018.The Decree passed in my favour had attained finality as it was not challenged.The State commission had granted Ex parte stay on NBW without giving me fair chance to challenge it on 13/2/20.Now my next hearing is on 6/8/20. 2)Can i send by speed post my submission to vacate stay order.I have notarized the petition in Pune. In case they adjourn the hearing ,Can i approach NCRDC to vacate? 3) In APPEAL EXECUTION NO. 69 OF 2018 RAVIKANT G. SALASKAR V/S KIRIT SHAH & 4 ORS..The state commission Maharastra had issued NBW against Ravikant who then approached NCRDC for stay on NBW. NCRDC refused to stay NBW as it felt Unless opponent/accused show compliance of final order and report about it, we are not inclined to release him on bail.Even in my case the opposite party is not comply final order INCASE STATE FORUM ADJOURN THE MATTER CAN I APPROACH NCRDC WITH THIS JUDGEMENT TO VACATE STAY or SHOULD I WAIT TILL STATE FORUM GIVES IT JUDGEMENT. (A)The opposite party is trying to drag the case to cause mental agony to me.Can i claim financial damage for not complying the order?The Execution was filed in Dec 2018 and after 14months the opposite party(it is regd society) took stay on NBW by giving Society Election as reason which was to be held on Feb 15/2/2 Regards Divya
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
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.
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
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.
- 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.
Thanks to all respected panel member for guiding me in my previous query. Brief of case:Order passed by State Consumer karnataka june 2018.Execution filed in Dist.consumer mysore 2018.Respondent not appear so NBW issued on 5.2.20.Respondent is not complying order,but took stay from State consumer in Bangalore to vacate NBW.Stay granted I have filed my objection on 6.8 20. The next date is 4.12.20.i.e after 4 months. My query 1)Can i request to prepone the next hearing from 4th Dec to atleast For October.This itself be more than 60 days. 2)4 months is too long .Is there any provision in consumer act under which i can request for prepone. 3)Is filing writ before HC do any good? Regards
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
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
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.
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.
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 .