Consumer Protection Act, 1986, Section 17(b),15 -- Revision - Appeal - Ex-parte order on merits passed directing the petitioner OP to make payment of Gratuity and GPF - Preliminary objection taken that revision filed against the order not competent - Plea of the petitioner OP that revision lies as matter relates to jurisdiction which has been wrogly decided by the District..........
Consumer Protection Act, 1986, Section 17 -- Ex parte order - Review/recall of order - Application for alleging fraud - Held that the remedy for the applicant was to challenge the order in appeal if so advised and not by way of filing the present application - Application dismissed as not maintainable...........
Consumer Protection Act, 1986, Section 13, Constitution of India, 1950, Article 227 -- Complaint - Procedure - There is no power for the Forum to declare ex-parte or pass an order or take a decision ex-parte u/s 13 of the Act - Under Rule 4 Sub-rule 8 of the Kerala Consumer Protection Rules, power is given to the District Forum to decide the complaint ex-parte if the..........
Consumer Protection Act, 1986, Section 13,14 -- Ex parte order - Mode which was adopted for sending the notice has not been tick marked and other modes which were not resorted too were not scored of - There is not postal receipt or certificate of posting place on record of the complaint file - There is no endorsement of the office on the record of the complaint case as to..........
Consumer Protection Act, 1986, Section 15 -- Ex parte order - Appeal - Appellant proceeded ex parte as the summon sent not accepted - The cover returned by the post office has an endorsement which is not clear - Having regard to the averment in the affidavit that during the relevant time the appellant was away, the appellant/first OP can be given a chance to contest the..........
Consumer Protection Act, 1986, Section 13,14 -- Ex parte order - The relevant mode has not been tick marked nor other modes which were not resorted to were not scored of - The case of the respondent that the notice was sent under certificate of posting - There is an assertion of the fact made by the appellant that he did not receive the notice of the District Forum the..........
Consumer Protection Act, 1986, Section 14,15 -- Ex parte order - Appeal against - The appellants had been duly informed of the proceedings on respective dates who were not present on most of the dates including on the date of hearing - The District Forum perused in detail the reply filed by the appellant and passed a reasoned order and the entire record produced by the..........
Ex parte proceedings -- Setting aside of - Applicant respondent proceeded ex parte in appeal presuming service as the registered letter not received back undelivered - Application duly supported by affidavit that applicant respondent not served - Plea of the non applicant appellant that there is no provision in the Consumer Protection Act, 1986 to set aside the ex-parte..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Ex parte order - Appellant complainant proceeded ex parte on the ground that notices sent to them were not received back undelivered and hence presumption has been drawn in favour of service - The appellant filed his affidavit deposing that he did not receive any notice of complaint case - The presumption raised by the..........
Consumer Protection Act, 1986, Section 19 -- Ex parte Order - State Commission passed ex parte order in favour of the complainant under an erroneous impression that opposite party had not filed a written version - Case remanded to State Commission - Even if the opposite party was not represented by counsel on the subsequent day on which the case was taken up for hearing it..........
