Real estate refund

Dear client,

What you’re facing is unfortunately common, but an ex-parte matter should not drag endlessly—you have remedies to push it forward.

First, since your case is before the Consumer Commission (likely District Commission under the Consumer Protection Act, 2019), once the opposite party has been duly served and is not appearing, the forum is expected to proceed ex-parte and decide the case on the basis of your evidence. Repeated adjournments without reason can be challenged.

The most effective step now is to file a “Written Submission + Evidence Affidavit + Application for Early Hearing/Final Disposal” before the same Commission. In that application, clearly state that:

Notice has already been served
Opposite party has remained absent since long
Matter is pending ex-parte since June 2024
You are suffering due to delay

Request the Commission to close evidence and fix a date for final arguments/order. This often pushes the matter forward.

If the delay still continues, you have a stronger remedy: you can approach the State Consumer Disputes Redressal Commission by filing a revision petition or transfer/expedition application, seeking directions to the District Commission to dispose of the case within a fixed timeline. Higher forums do intervene where there is unnecessary delay.

In more serious situations of prolonged inaction, a writ petition before the Calcutta High Court can be filed seeking a direction for time-bound disposal, though this is usually a last resort.

Also ensure that:

1.Your affidavit evidence is already filed (if not, do it immediately)
2.All documents (payment proof, agreement, notices, etc.) are on record
3.You are ready for final arguments anytime

Don’t wait passively—move an application for early disposal first, and if needed, escalate to the State Commission for directions. This is the quickest practical way to break the cycle of adjournments.

Dear Client,
In the present case, the Opposite Party has not appeared before the Commission despite proper service of notice, and the matter has been proceeding ex parte since June 2024. Once a case is set ex parte, the Commission is expected to proceed on the basis of the evidence available on record and pass a final order within a reasonable time. Continuous adjournments without concluding the matter result in unnecessary delay and defeat the purpose of speedy redressal.

You should file a formal application before the District Commission stating that the Opposite Party has already been proceeded ex parte and no further opportunity is required to be granted to them. In the said application, you should specifically request the Commission to take up the matter for final hearing and pass an ex parte judgment based on the materials already on record.

It is also important to ensure that your complaint petition, evidence, and BNA(Brief notes of argument) have been properly filed. You should clearly submit before the Commission that your side is complete in all respects and the matter is ready for final disposal and request the Commission to fix a short date for pronouncement of judgement.

Since the case is already at the final stage, you need to actively pursue early hearing and final order, and if delay continues, seek intervention from the higher forum to ensure timely justice.
For further guidance contact an advocate.

Dear Client,

In your situation, where the builder has remained absent and the matter is already proceeding ex parte since June 2024, such repeated adjournments by the Consumer Commission are not justified, and you have effective remedies:

first, you should file a written application before the same Commission seeking early hearing and immediate ex parte final arguments/order, clearly mentioning that the opposite party has defaulted and the delay is causing prejudice; if there is still no progress, you can approach the higher forum, i.e., the State Consumer Disputes Redressal Commission (if your case is before District Commission) by filing a revision petition/transfer or direction for expeditious disposal, or even move the High Court at Calcutta under Article 227 of the Constitution seeking a direction for time-bound disposal of your case;

additionally, you may rely on the Consumer Protection Act, 2019 which mandates speedy redressal, and highlight that ex parte matters should be decided promptly without unnecessary adjournments; practically, courts act faster once a “mentioning” or urgency application is filed, so your next step should be to push for an early order rather than waiting passively.

Dear Client,

Since the matter is already proceeding ex parte, the court is expected to decide the case on the basis of your evidence. Continuous adjournments without order can be addressed by filing a written application requesting the forum to close evidence and pass final ex parte judgment at the earliest.

You may also move an application for early hearing or file a petition before the higher consumer commission seeking direction for expeditious disposal. Repeated delay despite non appearance of the opposite party is a valid ground to seek such directions.

An advocate can assist in pressing for final arguments and filing appropriate applications to avoid further delay. Please consult a local advocate for proper follow up and action.