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Anonymous
in Civil Law Civil Procedure Law
Asked September 18, 2017

Appeal despite non attendance in court

  • 1 Answer
  • 212 Views

The case I refer to is regarding a judgement, which DSCDRC passed in our favor, in Aug’16. The OP (a property developer) had stopped appearing in the court after first 2-3 hearings. OP also shifted their office to a different address. We approached the OP (via registered post and verbally) to comply with the order, however nothing happened. Afterwards, we filed an execution plea with the same commission. Court’s notice to OP for same returned because of the old office being closed. Court suggested us to issue them the notice in person, which we have done. Next hearing is due on Oct. 24th, 2017. In this context, I wanted to check if OP can still file an appeal against the earlier decision in national commission. How long do they have to file an appeal in higher court after issuance of order? Would higher court accept such an appeal given that OP stopped attending court on their own and as well failed to inform the court &/or post-office about their change of address. Many thanks in advance.

Answer 1

 

 

 

Dear Sir/madam,

The right to file an appeal closes after 30 day time period of the issuance of the order by the lower authority as per Section 15[1] of the Consumer Protection Act.

A right to appeal is always provided to both the parties in case of any discrepancies arising out of non-appearance etc. A lot more depends upon the next date of hearing fixed on 24th October 2017, since, this time the notice has been served in person.

A right to appeal continues till the final appeal is preferred to the Hon’ble Supreme Court.

 

[1] An Appeal from the order of the District Forum lies to the State Commission, against the order of the State Commission to the National Commission and against the order of the National Commission to the Supreme Court.

All appeals are to b filed within 30 days of the order appealed against and are to be accompanied by a certified copy of the order.

Agree Comment 0 Agrees over 3 years ago

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