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Manne Sreelakshmi Guest
Asked July 28, 2016

jurisdiction of consumer court

  • 1 Answer
  • 46 Views

Thank you Sirs/Madem ! I got a problem with the Consumer Forum in Hyderabad .A Bore-well drilling Contractor has drilled a Bore-well in my Agrl. Land. Due his fault and Negligence .I have approached Honb"l Dist.consumer Forum, Rangareddy. The above contractor has not responded for any of the Notices and Final Award order also though he has received all. Finally Honb"l Dist . Consumer forum has issued Arrest Warrent. The said contractor has approached Hon"ble High court misleading the facts that he has not received any notices /orders of Honb"l Dist . Consumer forum. though he has received all. Hon'ble High court have issued Stay orders on the Arrest warrant of the Dist. consumer Forum on the plea of non receipt of Orders and the State consumer Forum was not Formed on the separation of (Andhrapradesh State). We have filed a counter with the evidence of receipt of all the Notices and orders of of the Dist. consumer Forum. without considering our counter Hon'ble High court have admitted the the Sty orders petition of the above contractor. though it has been elapsed 1.50 Years it has not listed for hearing. As far as my little knowledge is concerned there is no Jurisdiction to any court on the verdict ion of consumer Forums except State/Central consumer Forums. The appealing period is also over and the Telangana Sate consumer Forum was also formed. Under these circumstances, kindly enlighten us the manner in which we need to proceed for getting compensation awarded by the District consumer Forum. Manne.Sreelakshmi, Poor Farner, H,No.LIG-83, Road #2,KPHB Colony,HYDERABAD-500085 vasudhagreenfarms@gmail.com, 9133498366/7416446789

Answer 1

Default avatar
Saurabh Kumar

You could expedite the process by filing an affidavit under Section 482 of CrPC. This allows the High Court to take steps to expedite the process of trial and allow the trial to reach a logical conclusion. You could ask the High Court to exercise its powers to reach a logical conclusion or at least provide for interim measures and expedite the trial.

 

Code of Civil Procedure 1908 (Act V of 1908) provides for interim orders during the pendency of the suit (Section 94, Order 38 , Order  40). You could ask the court to pass an ex-parte interim order to ensure that you get an immediate relief till the trial is on full swing again and a decree is passed.

 

Thus, you can file an affidavit under Section 482 of CrPC or Section 94, Order 38 , Order  40 of Civil Procedure Code for relief.

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