SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

Y.KRISHAN, B.S.YADAV, V.BALAKRISHNA ERADI
SOUTH DELHI UNIVERSITY TEACHERS’CO-OPERATIVE GROUP HOUSING SOCIETY LTD. – Appellant
Versus
MADHU RATHOUR – Respondent


Advocates:
Counsel for the Parties :
For the Petitioner:Mr. M.L. Lahoty, Advocate & Mr. Amar Nath Gupta, A.R.
For the Respondent:Mr. S.P.S. Rathour, Advocate.

ORDER

Mr. Justice V. Balakrishna Eradi, President — In our opinion the impugned order passed by the State Commission striking off the defence of the Opposite Pary is not warranted by the Provisions of the Consumer Protection Act. It is no doubt true that the Opposite Party had not filed its written objections within the period allowed by the statute and it was well within power of State Commission to hear and dispose of the case without granting further time to the Opposite Party for filling its objections. But even in such event the Opposite Party had every right to be heard in defence by making its oral submissions before the State Commission both on the questions of fact as well as on the questions of law. In the absence of any provision in the Consumer Protection Act/such as the one contained in the Civil Procedure Code, empowering the Forum to impose a bar as against the Opposite Party from putting forward any defence of the case by the process of “striking off defence”, there is no warrant for passing such an order and depriving the Opposite Party of its natural and legal right to put forward its defence by making oral submissions before the Forum when the case is taken up for




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top