Legal Question in Civil Litigation in India

I had moved the state consumer forum in July 2007 against the builder and the ICICI bank for the non delivery of the possession of the flat as the builder who is a OP1 had filed a vakalat and the bank was called 'absent' for they not appearing and the builder had taken so much time still he had not filed the version, now the matter is posted for 'proof of affidavit ' for the OP1 and the honourable judge had stated that the version for the OP1 is closed and now the case is posted to 20th of April 2010.Now i have an apprehension that the builder will harass me by dragging this case for another couple of years as we know that he can file a petition for setting a side any order and then he can take his own time, in this case what i have to do?


Asked on 3/27/10, 12:57 am

1 Answer from Attorneys
Rajneesh Malhotra Malhotra Advocates

In the case the Learned Court adjourns the case to more than three times you can file written objections that no more adjournments be given and the defense of OP 1 be struck off.

In case the court does not pass any order, you can file a revision petition before the Hon'ble State Commission pointing out the delay being caused by the court below.

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Answered on 4/02/10, 1:27 am


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