In a consumer court, when an opposite party does not appear in the
court continously for many hearings, which may be initially or even at a
later stage. The court can order for the matter to be proceeded
ex-parte, that is, opposte party looses the right to defend.
Though, before ordering the same, the court may require the complainant to re-serve the notice by dasti, i.e. in person.
In exceptional circumstances, on an application made in this behalf by the OP, the ex-parte order can be set aside. There are many advantages available to the complainant, as complainant’s one-sided story is relied upon the the Court for reachng the decision, though ofcourse subject to availability of sufficienct evidence.
But sometimes it may work to the dis-advantage also:
a) The OP appearing at a later stage and getting the exparte order setting aside.
b) Lack of any reply on behalf of OP, may make difficult for the Complainant to prove many of the facts.
c) The exparte decision may be applealed, thereby further delaying of process.
Though, before ordering the same, the court may require the complainant to re-serve the notice by dasti, i.e. in person.
In exceptional circumstances, on an application made in this behalf by the OP, the ex-parte order can be set aside. There are many advantages available to the complainant, as complainant’s one-sided story is relied upon the the Court for reachng the decision, though ofcourse subject to availability of sufficienct evidence.
But sometimes it may work to the dis-advantage also:
a) The OP appearing at a later stage and getting the exparte order setting aside.
b) Lack of any reply on behalf of OP, may make difficult for the Complainant to prove many of the facts.
c) The exparte decision may be applealed, thereby further delaying of process.
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