Adjournment without any reason by NCDRC

[Vikash Thakur]

Builder has taken 100% due payment but denay for handing over possession to a group of buyers who filled a case in NCDRC. We have submitted a application for direction to NCDRC on Oct. 2017 , court ask OP for submit reply within 30 days and fixed next date on May 2018.Builder enforcing us to withdraw case and get possession, again we filed application for direction but this time OP has not present in court hence date is adjourned on May 2018 which was already fixed.
My question is that (1) 8 month time gap between two date is justifiable (2) In May 2018 date , if OP will not present what is our course of action like move to Suprim court or President of NCDRC.
(3) Court will order for withdraw the case even we filled a case for delay compensation for about 4 years.

[Dr. Ashok Dhamija]

Delay is a problem in all judicial and quasi-judicial bodies. You may have to live with it. You may request the NCDRC to expedite the matter, but then there are many other competing cases which have also to be accommodated.

If the opposite party is not present, then usually one or two chances are given to them to remain present. If a party does not remain present, without any exemption granted, even on the next date, then, in its discretion, the NCDRC can proceed with the matter ex parte. And, you can request the NCDRC to hear it ex parte if the opposite does not remain present on the next date also.

     

---

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.

[Author]

Posts