Apni Law Staff asked 2 years ago
We filed our case on October 27th, 2015. The first notice was served to the opposing party on November 28th, 2015. We added more parties, and a second notice was served on January 5th, 2016. The opposing party didn’t show up for either hearing. On our third hearing, February 26th, 2016, they were still absent. After about 120 days, the State Consumer Commission (CC) dismissed our complaint as an ex parte order. We submitted an ex parte affidavit the same day. However, at our fourth hearing on May 4th, 2016, the opposing party appeared and said they could provide a response at the next hearing on June 21st, 2016. Since this was the first hearing after the ex parte order, could the State CC cancel the ex parte order? We haven’t hired a lawyer.
Best Answer
Apni Law Staff answered 2 years ago
Based on the information provided, the State CC could potentially cancel the ex parte order if they find that the opposing party’s absence during the first three hearings was due to justifiable reasons, and their appearance on May 4th was not a delay tactic. However, it is advisable to consult with a lawyer as legal outcomes in Indian courts can vary significantly based on specific details and case law.
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