If they don't show up at all the court will pass an exparte order based upon the evidence you have filed. An execution order has to be filed by you in case the court give a judgment in your favour.
Wedding photographer didn't appear for district consumer court hearing, what is the path forward
Hi, We sent a legal notice to a wedding photographer for not delivering on all the promised items. They first sent a response denying all allegations, but didn't provide any response to subsequent ones. We filed a consumer case in the district court, and they also ignored the court summons and didn't show for the hearing. I have the following questions: 1) What would happen eventually if they don't show up at all? 2) If the court gives judgment in our favor, who will enforce it? Can they just keep ignoring these summons and notices without any consequences? 3) How long will it take for us to bring them to justice in general? Can they abscond altogether? 4) Any insights into why they would not respond or appear in the court at all? What's their plan for such a behavior?
Asked 9 months ago in Consumer Law
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12 Answers
1. If he will not turn up before the consumer commission even after receiving the notice, then an exparte order can be passed against him.
2. Once you are getting exparte judgment yo can file an execution application before the court to execute its order as per law.
3. As per law you can apply for arrest through police and ask the court to send the arrest warrant (bailable or non bailable warrant) through police to bring him to court
Case would be heard exparte ie in their absence
2) you would get exparte decree
3) you can make application for execution
4) seek attachment of photographer bank accounts etc
5) disposal depends upon pendency of cases in consumer court
If he doesn’t appear matter will he decided exparte by court
1. The court will ask your lawyer to go for substituted service through newspaper, or incase the service of summons is complete, the court may directly declare the case exparte against them and decide the case in their absence after hearing your lawyer
1) If the photographer does not turn up at all, the court will decide the case in his absence setting him ex parte.
2) Yes, you can very well enforce the court order against him.
3) Getting an order and enforcing it may take 3-6 months at the most.
4) Simply trying to avoid the due process of law.
1. If they will not appear before the court after receiving the summons , then the court may pass ex-parte decree against him after admitting your prayer
2. If after passing decree by the court, the said party not comply the order , then you can file an application for execution of the said order/decree against him in the same court.
- The court will start its proceedings after issuing attachment warrant to recover the amount for which you have filed the complaint before the consumer forum.
3. It may take very short period of time after passing decree/order
4. They are not taking your complaint very serious , however when the attachment warrant will be issued by the court then they will try to compromised with you.
Thanks everyone for answers. Please see a couple of questions below. 1. What happens if they claim that they don't have any money or savings? If their bank account is frozen but it also doesn't have enough money. 2. What happens if they just move out of the town and can't be found anymore? 3. If the district commission gives verdict in our favor because they didn't show up, can they go to the state commission to set aside the judgement and start the new process again. Overall my main question is if they can just evade justice altogether by finding some hacks.
Asked 9 months ago
Even if they claim they don’t have money then also court pass orders against him
2) even if they move out of town and you are unable to serve summons you can apply for substituted service ie paper publication in 2 local newspapers
3)they can file appeal against district commission order with state commission
4) they cannot evade justice
All the above are illegal methods if the court gives verdict the same will be applicable and can be executed anytime
1. If there is no money in his account , then also the court will pass order for attachment his properties & assets and even no property then warrant can be issued against him.
2. Court may declare him proclaimed offender
3. Yes, they have right to challenge the verdict before the state commission
1. You have already approached court, hence court will take due course of legal action on all such events too.
2.If they move out of town after receiving the summons then they will be set exparte and orders will be passed in their absence.
3. No, they have to approach the district commission for setting aside the exparte decision.
1. In that case you may have to initiate bankruptcy proceedings against them.
2. As this is only a civil matter, nothing can be done.
3. Yes, the possibility is there. But they have to explain their absence at the trial court convincingly first.