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Author Topic: consumer court case - chennai - procedure -  (Read 1131 times)

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Offline user9999

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consumer court case - chennai - procedure -
« on: June 14, 2015, 07:48:03 PM »
hello,
i want to initiate a consumer case in chennai against a builder but wont be available for hearings as working in singapore and travel to chennai once in 6 months for few weeks. just want to know if i can ask for email correspondence for all additional info or hearing after the initial submission.
some suggest that i get it very well drafted at the very first instance explaining all the facts in detail..then there wont be any need for any evidence or addtitional hearing where i need to appear and the forum can make a decision on its own discretion based on the facts..is this true.. please clarify..i cannot afford to hire a lawyer for this..



Offline kphk

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Re: consumer court case - chennai - procedure -
« Reply #1 on: June 15, 2015, 08:56:51 AM »
It is true that well drafted complaint supported by documentary will establish a good case on your side, but that alone will not be enough to get a decision in your favour as some one has to represent on your behalf when your case is taken up every hearing. Without proper timely representation your complaint will be dismissed for default. If you cant afford a lawyer and you will also not be available then better do not file a complaint that will turn out futile.

Offline adv.amarnath

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Re: consumer court case - chennai - procedure -
« Reply #2 on: August 10, 2015, 12:46:45 PM »
There is a provision in the C.P. Act that if a complaint file before any district forum then, the forum should pass a judegment on merit even the complainant is not present. But this practise has been totally stopped by the forum and they have adopted a hard and fast rule which is not acceptable.

but you have an alternative option. When you come to Chennai then you can appoint one lawyer who will file a case on your behalf. You can follow up your case over confonet and instruct your lawyer as per status of your case. You need not to be present personally on either of the days. All these proceedings, what I have said, should be well known to a good lawyer and such lawyer knows how to proceed a consumer case by avoiding complainant's personal appearance before consumer forum.

Amarnath Sanyal
Advocate
State Consumer Disputes Redressal Commission, West Bengal
« Last Edit: August 10, 2015, 09:43:14 PM by admin »
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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