Filed a consumer case against builder
9 months ago
I have filed a consume case against builder in 2013. The case is still going on. No idea when the case will get over and when the judgement will be passed. what is the procedure to nominate someone to in case the plaintiff is not available till the end of case/judgement.
A.Dear client,
In a consumer case or any legal proceeding, it is essential to have a backup plan in case the plaintiff (you) is unavailable for any reason until the end of the case or judgment. To address this situation, you can consider nominating a legal representative or giving a power of attorney to someone you trust to act on your behalf in the case.
Here are the general steps to nominate someone as your legal representative in a consumer case:
Power of Attorney (POA): You can execute a Power of Attorney (POA) document that authorizes someone else (your nominee) to act as your representative in the case. The POA should clearly state the extent of the representative's authority and whether it is limited to the specific consumer case or broader legal matters.
Consult with your lawyer: Discuss your intention to nominate someone as your representative with your lawyer. They can guide you through the process and draft the necessary POA document in accordance with the applicable laws and regulations.
Obtain a Notarized POA: The POA document should be executed on non-judicial stamp paper and must be notarized to give it legal validity.
Submit the POA to the Court: Once the POA is prepared and notarized, it needs to be submitted to the court where the consumer case is ongoing. The court may review and approve the POA to ensure it complies with the relevant legal requirements.
Notify the Opposite Party: It is essential to inform the opposite party (the builder) that you have nominated a representative to act on your behalf in the case.
Keep in touch with your representative: Stay in constant communication with your nominee and keep them updated on the case's progress and any decisions they may need to make on your behalf.
It's important to note that the process and requirements for nominating a representative may vary based on the specific laws and regulations of your country or state. Additionally, the court's approval of the POA and its acceptance as a valid representation in the case will depend on the court's discretion.
To ensure that the POA is correctly drafted and compliant with the relevant laws, it is advisable to seek the guidance of a qualified lawyer who can assist you in the nomination process and help protect your interests in the ongoing consumer case.
In a consumer case or any legal proceeding, it is essential to have a backup plan in case the plaintiff (you) is unavailable for any reason until the end of the case or judgment. To address this situation, you can consider nominating a legal representative or giving a power of attorney to someone you trust to act on your behalf in the case.
Here are the general steps to nominate someone as your legal representative in a consumer case:
Power of Attorney (POA): You can execute a Power of Attorney (POA) document that authorizes someone else (your nominee) to act as your representative in the case. The POA should clearly state the extent of the representative's authority and whether it is limited to the specific consumer case or broader legal matters.
Consult with your lawyer: Discuss your intention to nominate someone as your representative with your lawyer. They can guide you through the process and draft the necessary POA document in accordance with the applicable laws and regulations.
Obtain a Notarized POA: The POA document should be executed on non-judicial stamp paper and must be notarized to give it legal validity.
Submit the POA to the Court: Once the POA is prepared and notarized, it needs to be submitted to the court where the consumer case is ongoing. The court may review and approve the POA to ensure it complies with the relevant legal requirements.
Notify the Opposite Party: It is essential to inform the opposite party (the builder) that you have nominated a representative to act on your behalf in the case.
Keep in touch with your representative: Stay in constant communication with your nominee and keep them updated on the case's progress and any decisions they may need to make on your behalf.
It's important to note that the process and requirements for nominating a representative may vary based on the specific laws and regulations of your country or state. Additionally, the court's approval of the POA and its acceptance as a valid representation in the case will depend on the court's discretion.
To ensure that the POA is correctly drafted and compliant with the relevant laws, it is advisable to seek the guidance of a qualified lawyer who can assist you in the nomination process and help protect your interests in the ongoing consumer case.
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A.Dear Client,
Nomination in the matter of Court Cases is not permitted/allowed. If the plaintiff is not available till the judgement, he is not requried to be present in the Court as the case is being represented by the Advocate on the basis of Vakaltanama until and unless the plaintiff is called on by the Court for examination or cross examination for the shake of justice. However, in case of demise of Plaintiff/Complainant, a substitution petion is required to be filed by the legal heirs for continuation of case till the disposal. When your case is running since last 10 years, either Advocate or Plaintiff himself can make a prayer before the Court for referring the complaint before the LOK ADALAT periodically arranged by the Court as a part of alternative dispute redressal mechanism to dispose of the case either on merit or on mutual settlement by parties through mediation.
Nomination in the matter of Court Cases is not permitted/allowed. If the plaintiff is not available till the judgement, he is not requried to be present in the Court as the case is being represented by the Advocate on the basis of Vakaltanama until and unless the plaintiff is called on by the Court for examination or cross examination for the shake of justice. However, in case of demise of Plaintiff/Complainant, a substitution petion is required to be filed by the legal heirs for continuation of case till the disposal. When your case is running since last 10 years, either Advocate or Plaintiff himself can make a prayer before the Court for referring the complaint before the LOK ADALAT periodically arranged by the Court as a part of alternative dispute redressal mechanism to dispose of the case either on merit or on mutual settlement by parties through mediation.
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