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Delayed Adjudication Of Appeal State Commission


03-Sep-2023 (In Consumer Court Law)
Rajesh Ghai v Renault &othrs district forum order 503/2018 dated 12/11/18 passed for deficiency in service, ordered refund car amount. Appeal A30/2019 dated 1/2/19 accepted delhi State commission. Four adjournment only for opposite party reply violation u/s 13(2) & (3) CPAct not following precedent 45 days limit. Early hearing appeal not entertained. Renault lawyer influencing member for adjournments. Approached President commission to intervene, no response. Petitioner has vested interest as case tarnish best selling model kwid. The other respondents are Authorised dealer and authorised insurance company. Dealer has not submitted reply even afte 4 adjournment. Delaying trial to frustrate consumer. What remedies available, when undue delay caused by member? Where I can place complaint , which higher authority (ncdrc) for early adjudication. My new car got burnt in stationary conditions 11/4/16 and car lying at petitioner workshop since that time. Please guide. I am contested myself.
Answers (2)

Answer #1
802 votes
Matter pertains to which state commission? You need a strong pressing counsel. Appeal is very limited question of law and can not be entertained on any excusable ground. Further continuous adjournment is a valid ground for rejecting opposite party plea.
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Answer #2
885 votes
Please note there is a new Act of 2019 which has come into force now. Section 52 states that an appeal filed before State Commision shall be heard within 90 days and disposed of expeditiously. Therefore, you may be able to push for an expeditious hearing now by filing an application. If now such an application is dismissed, then you will be able to come to the National Commission.
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