Legal Question in Consumer Law in

My case is running against a mobile company in consumer court for more than one year, on 7.6.10 court gave date to me for 9.8.10 to file written argument. but when i reached to the court i knew that my date is postponed for 12.09.10. but it was sunday on 12.09.10, so i went on 13.09.10, when i entered in the court i surprised that the staff of court said your case was dismissed on 12.07.10, because court called you 12.07.10 and you were not present on that date. so i asked to hon'ble judge that i didn't have any intimation about the date (12.07.10). so that hon'ble judge said ok you should give an application to reopen the case. so the same day i gave an application. but i am tensed how it all happened. and what i will do then when it will again be happen in future. please give me a strong advice.

thank you


Asked on 9/13/10, 7:04 am

2 Answers from Attorneys
Mantosh Sarkar M.Sarkar & Associates

You need not take any pre-caution, since your suffering has already been addressed.

But donot miss any date during proceeding and any omission/mistake if found, draw court's attention which is no fault of you must be looked into, so you neednot worry

rather accumulate lawpoint to establish your right.

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Answered on 9/13/10, 7:23 am
Vishwa Arya Arya & Co.

To err is human. It could be typographical error in the order or miscommunication. The restoration in such situation is very normal. the court has already understood the point. It is better that you also take the written arguments which you were other wise suppose to file on 9.8.10. You may also take a point that if the matter was at the stage of written arguments, then, as per procedure, the court could not have dismissed the matter in default. The court must pass a judgment once the evidence of both sides are over and the matter is at the stage of arguments, oral or written.

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Answered on 9/13/10, 7:39 am


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