OP came to court but not coming in front of judge

[ishIKA zindabad]

Sir,

I have filed consumer complaint against prestige cooker seller which got burst. The court issued notice to OP 1 seller and OP 2 manufacturer.

45 days time over.

But till date OP 2 nobody came on behalf. OP 1 comes to court but does not come before the judge, takes the date and goes. Both OP 1 and OP 2 not filed any reply till date. Judge asked me to file affidavit now.

I cant make out what is plan of action of OP 1 who appears in the court but when case number called out only I go in front of judge, judge asked to call name of OP 1 loudly, but still OP 1 sit calm. In meantime OP 1 given complaint in police station that I threatened OP 1 at his shop and over phone. Police had called to come to station, I did not go. I asked complaint copy. Complaint copy sent via RPAD, which I did not receive coz I not in town. Police calling on my phone harassing to come to station. I told that I did not threaten the seller over phone.

I have video recordings of conversation with seller which I have given to consumer court. I have multiple call recordings where seller has confessed he wont give new cooker and wont give compensation to burn victim my mom.

Shall I inform all this to Consumer Court via memo?

So if anyone can guide me what could be intention of the OP 1 who is cooker seller? OP 2 never appeared at all till date. Please help.

[Dr. Ashok Dhamija]

Whatever evidence you have against the opposite parties, you should give it to the consumer court / forum as per the procedure. Unless you give such evidence to the court, how will it know?

It happens in many cases that parties take time and delay the matter. But, beyond a limit, it would not be possible. If the opposite parties are delaying the case beyond a limit and do not appear before the court, you can request for an ex parte hearing of the case, i.e., hearing in the absence of the opposite parties if they fail to remain present in spite of being served.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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