Legal Question in Consumer Law in India

my consumer case has been running in court for 1.5 years. though it was on argument stage it was dismissed in default by the hon'ble court by a clerical mistake of court staff. then i again reopened it and now the op2 (company's authorized service center) wants to settle it out of court and they agreed to fulfill my demand. but they called me to collect the cheque and sign the settlement agreement in their place (service center). but iam affraid because they can give me a fake cheque and can misbehave with me and can make any false case on me. as the staff member of service centre told me that she will give the cheque from her personal account and she is not agreed to give the cheque in the court on the next date 28th dec 2010. she is saying as their advocate was not present on the previous date 2nd nov 2010, he will again not be present on the next date means they are trying to harass me as more as they can. I want to collect the cheque in front of court and op 2 want to give me that perticular cheque to me at their own place. as i have insufficient knowledge about the law and cases. so please guide me that is it safe for me to go to there(OP2) place to collect my cheque of claim.

thanx


Asked on 12/05/10, 9:02 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

since the case is pending in the consumer court, you may do out of court settlement but the cheque should be of the party and not of the staff member.

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Answered on 12/05/10, 10:08 am


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