Legal Question in Consumer Law in India
In a recent case of mine a consumer forum after hearing me in open court found my petition is maintainable before it numbered the case and sent notice to opposite parties Chennai Metropolitan authorities. The respondent did not appear for the case and the court asked me to file proof affidavit after setting the case ex-party. I did. But by the time a new president took over perused the documents and set the case for orders. But he proffered to reopen the case sumoto and hear my pleadings. I realized after the hearing the new judge wanted to re examine the maintainability factor again on his own. On the date set or orders he dismissed my petition as not maintainable. Was new judge empowered to sumoto rule over the decision of his predecessor? Is there any section in IPC that gives the circumstances in which the petition can be reopened by another judge of the same forum? Of course CP Act 1986 has no such provision but allows the opposite parties to reopen at any stage before the orders are pronounced.
1 Answer from Attorneys
the same forum has no power to review the order. you can challenge it before the state commission
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