You can go for appeal in the first case and pray for consideration of condonation of delay of your complaint before district court again.
Otherwise fresh complaint is only remedy but the limitation part will again be a hindrance in your way
Consumer Case dismissed after 3 years citing no appeal/revision filed on previous dismissal order
Both these consumer forum complaints described below i.e. Complaint 1 and Complaint 2 were filed by me party-in-person on the same cause of action. Complaints were filed in one of Bengaluru District Consumer forums.
1. Complaint 1 was filed in 2017 regarding cause of action in Apr-May 2015. Due to some last moment objections by office I could not file it within 2 year limitation period.
2. Complaint 1 was dismissed on 24/07/2017 due to delay of more than 2 years with the only reason that there was no condonation of delay application alongwith complaint.
3. Therefore I filed same complaint again as Complaint 2 on 25/09/2017 again alongwith condonation of delay application.
4. Complaint 2 was admitted, notice sent (but non-appearance of OP after receiving notice), declared ex-parte, gave written affidavit evidence, submitted written arguments. Nothing submitted by OP who was ex-parte. Case remained in Orders stage for long time after that.
5. On 30/09/2020, Complaint 2 dismissed on the ground that previous Complaint 1 was not set aside either in revision or in appeal. Wordings: "Fresh complaint on the same cause of action in respect of same relief not maintainable".
My Questions:
1. Can I appeal against this dismissal order in Karnataka State consumer forum on any legal grounds, so that the same Complaint 2 can be adjudicated once again rather than need of filing fresh complaint?
2. If filing a new complaint ("Complaint 3") is the only way, then do I need to file a revision /appeal separately or file it as an application along with the fresh Complaint 3 (and fresh condonation of delay application)?
3. Is it normal for a consumer complaint (viz Complaint 2 above) to be admitted but its maintainability adjudicated at the end of whole trial? If want to file a complaint to vigilance/administrative authorities regarding such negligence/lack of scrutiny.Asked 4 years ago in Consumer Law
10 Answers
No need to file complaint to vigilance authorities
2) court can decide issue as to maintainability at the end of trial
3) you can appeal against order before state consumer commission
1. The proposed appeal agaisnt the 2nd complaint before state commission is not maintainable because the 2nd complaint was dismissed for the reason that it is not maintainable as the cause of action of this complaint s well as the previous complaint, which was dismissed for some reason are one and the same, hence you cannot take law into your hands to use it your convenience.
You can prefer a revision of the previously dismissed complaint by filing a condone delay petition to prefer this revision/appeal against the impugned orders.
Therefore the proposed appeal against the dismissal of the 2nd complaint is nonmaintainable and it may not even be entertained by the state commission.
2. Filing a new complaint (No.3) with the same cause of action will also not be maintainable nor it will be entertained for the same reasons by which the 2nd complaint was dismissed.
3. There is no illegality or legal infirmity in the orders passed by the consumer forum.
It is not mandatory or pertinent upon the forum to pass a favorable order favoring the complainant even in the exparte case, the forum has rightly passed an order dismissing the 2nd complaint with the justified and legally valid reasons thereto, hence any application or approach before the vigilance or any other authority in this regard may backfire and you may be penalised for wasting the time of the honorable forum.
It is advised that you better consult an experi4enced lawyer in the local, discuss the subject matter properly at length and then decide further course of legal action on this subject, if at all necessary.
1. Yes, you can appeal before the state consumer forum on the same complaint
2. You cannot file extra complaint on the same cause of action .
3. Complaint before the Vigilance not maintainable , only an appeal before the appellate court is maintainable.
1. This is ridiculous court has not applied its mind, when complaint no.1 dismissed on the ground of delay then second complaint with the application of condonation of delay can't be dismissed on the given ground so this is a fit case of appeal.
2. No need to file third one but file appeal.
3. Not at all so file appeal, your's case is fit for appeal and you will see that same court will decide on merit.
Thanks for the replies. Just to confirm, the appeal to State Consumer Forum should be to reinstate the first complaint viz. Complaint 1 in the district forum - because Complaint 2 was not maintainable as per dismissal order (point 5 in original question). Is my understanding correct?
Asked 4 years ago
Your appeal would be dismissed as it has been filed 3 years after dismissal of first complaint by consumer forum
You may have to file an appeal against the dismissal of the first complaint filed before the consumer forum and not against the dismissal of the second complaint.
- File appeal against the dismissal order of first complaint
Yes it's correct
you can file an appeal against the dismissal of the first complaint.
