Objections can not delay consumer case verdict

FIRST PHASE

In the consumer complaint case the party which files the case is called the Complainant and the party against whom the case is filed is called the Opposite Party / Opposite Parties. To cause a delay in the case of complaint by the Complainant the Opposite Party often raises Preliminary Objections. These objections may be the issues like limitation period under the law of limitation, jurisdiction of the consumer court, maintainability of the case among others, without touching upon the crux of the dispute – and demand that these be heard first and decided by the consumer court.

Preliminary Objections may delay the proceedings of the case and thereby increasing the cost of litigation, leaving aside the main dispute. After resolving of the preliminary objections only, the main case is taken up on merits of each individual case.

Consumer

Objections can not delay consumer case verdict

SECOND PHASE

To delay the verdict, the Opposite Party then files Appeal against the Orders given by the consumer court on preliminary objections which had already been raised by the Opposite Party in the 1st phase. This technique is adopted by the Opposite Party to wear out the Consumer or the Complainant till the higher Courts. Some times, the Consumer becomes hopeless of the judgments and sometimes, the consumer blames his Advocate for not taking up the case before the consumer in proper manner.

CONCLUSIONS

The only remedy for the Consumer in such cases is that, they should not allow piecemeal multiple rounds of dates on part issues. If the consumer insists that the Opposite Party must give detailed reply to the complaint filed by the Consumer, such objections cannot delay consumer case verdict.

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2 Comments

  • Shubham says:

    advocate ji. I had file a case against one Institute in 2014 . . opposite party not came in any single hiring date. .in last 2 years consumer forum rejected is right to reply [jawab ka haq] . .and then court give verdict in favour of me. last year april 2015, but oponent is not pay me any single rupee. then I filed EA and requested forum to issue WARRANT against him . then he came with his advocate . .
    and now they replying and all . and his saying is that I not shows about police complain document(NOT FIR,just a complain) against him and sattlment docs. this police complain done before I file a Case and settlment is done in later on after I file case against him and i dont have satisfaction with that sattelment thts why I carry on with my case he Shows to foru m A Suprim Court judgment that “misrepresentation of details and etc etc the verdict can not apply and can throw out in his technical words”
    .. 11th may is next hiring and i dont have idea what should I do. pleae give me proper guidance

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  • Shubham says:

    ok thanx sir In will do same but what U think what could be. .give me any idea . according to u is he still eligible to reply . .after lost right to reply by court. .

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