Interim order under District Forums

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areng...@eapl.biz

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Dec 17, 2008, 11:23:26 PM12/17/08
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INTERIM ORDER UNDER CONSUMER PROTECTION ACT 1986

Meaning:It is an order passed by the court during the trial where the final order is yet to be passed. Such order is of temporary nature and the party to whom it orders are bound to act according to that order till the final order is passed.

An interim order is a temporary order given by a court in a pending case. An interim order is binding upon the parties and continues to remain in force either till it is set aside or till the case is finally decided by the court, whichever is earlier.
For example, in a property dispute, upon an application being made by one of the parties, the court may pass an order directing a party not to damage the disputed property till the case is finally decided.



The District forums across india are not in a position to dispose the cases due to various reasons such as inadequate infrastructure, non appointment of forum members/ chairman etc.  The main objective of  consumer protection act to provide for better protection of the interest of  consumers  and for that purpose  to make provisions for establishment of  consumer councils   to speedy disposal of consumers disputes.  If the delay in settling disputes, it is important to pass interim order so that temporary relief can be given to aggreived party. The interim order will also be issued to case to case basis and wherever it is necessary.

Prior to Consumer Protection (Amendment) Act, 2002  no such interim order to be issued by District  forums      A Provision by way of  Sub -Section (3B) has been inserted in Section 13 of Consumer Protection Act 1986  which specifically provides   for the issue of interim order .  According to this provision, where during the pendency of any proceeding before the District Forum, if it appears  necessary, it may pass  such interim order as is just and proper in the facts and circumstances of the case.  

Section 13  Procedure on admission of compliant:

Sub Section (3B)   when during  the pendency of any proceeding before the District Forum, it appears  to it necessary, it may pass such interim order  as is just and proper in the facts and circumstances of the case"




Regards

A. Rengarajan


CS. Dattatri

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Dec 18, 2008, 1:24:30 AM12/18/08
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Dear Mr Rengarajan,
 
Thanks for a nice article.
 
Is there any distinguishing feature between normal interim audit and interim audit under Consumer Protection Act?
 
Dattatri


From: csmy...@googlegroups.com [mailto:csmy...@googlegroups.com] On Behalf Of areng...@eapl.biz
Sent: Thursday, 18 December, 2008 9:53 AM
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Subject: [CSMysore] Interim order under District Forums

areng...@eapl.biz

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Dec 18, 2008, 1:24:22 AM12/18/08
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Dear sir

No such interim audit only Interim order will be issue,  correct me if i am wrong
Regards

A. Rengarajan





"CS. Dattatri" <datta...@gmail.com>
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CS. Dattatri

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Dec 18, 2008, 1:42:11 AM12/18/08
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Dear Mr Rengarajan,
 
Sorry for misspelling, I rephrase: Is there any distinguishing feature between normal interim order and interim order under Consumer Protection Act?
Dattatri

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