Legal Question in Consumer Law in India

I asked a quesion to lawguru before two months about my problem that due to some clerical mistake of consumer court I got a wrong date of hearing, and when I appeared in the court on that date which I received by court, I knew that my case was dismissed in default, I had to file written argument infront of court but my case was dismissed in default, i was shocked by the decision of court because i went on my date which i was given by court. so that i appealed to reopen the case. then court admited it. but opposite party was not present there, so the court said that i (complainant) have to go there (in opposite party's office) to deliver the notice of court but according to my thinking as they are opposite party they will not accept the notice and can do very bad behave with me and i cant disobey the order of court so i dont know what i have to do. after one week of the court date, opposite party contact me by phone and said we will not be present in the court on next date, you will be harassed much more. i am unable to understand what i have to do? my case is fixed on the stage of filing written argument and it is not running forward. I am very upset. please guide me

thank you


Asked on 11/13/10, 5:44 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

Notice by hand or dasti notice did not mean that you personally had to go to the opposite party. You could have taken the dasti notice through the process server either from the office of the consumer forum or by an order through district court. There are other options of sending notice by registered post, speed post, approved courier - like DTDC. You can also request the court to serve opposite party through its counsel.

Service by any one of the mode would be sufficient service to restore the complaint

Read more
Answered on 11/13/10, 5:52 am


Related Questions & Answers

More Consumer Law questions and answers in India