If you have initiated a consumer case against an Opposite Party in National Consumer Disputes Redressal Commission, often things change. You may need new documents produced on record. You may require urgent relief such as a stay against the Opposite Party. You may wish to modify/complement your original Complaint. The main method available to a litigant in such circumstances is to File an Interlocutory Application (“IA”) in the NCDRC.
Most people approaching Advocate BK Singh & Associates for help have been stuck in the procedural phase. If you are based out of Delhi or any other major city, you have likely contacted a NCDRC Lawyer in Delhi first.
Practice before the NCDRC can be daunting for all consumers. An IA means hitting the pause button on your opponent. It allows you to bring to the notice of the adjudicating body, important changes or facts that you wish to highlight whilst your original Complaint is pending adjudication. Get guided by one of our best SCDRC Lawyers in Delhi to understand better.
Filing of Interlocutory Applications in the NCDRC
Litigants lose cases because they do not take these interim applications seriously. The Commission cares about Procedure just as much as a Civil Court does. You might be fighting the biggest builder delay case, a medical negligence issue, or raising a financial services dispute of several hundred crores. But your Interlocutory Application will be judged according to the Consumer Protection Act, 2019 (“the CPA”) and the Consumer Protection (Consumer Commission Procedure) Regulations, 20
What is the Law Regarding Interlocutory Applications?
20 (“the Regulations”).
With the help of an District Consumer Court Lawyers in Delhi.
Just like every application before every Court or Tribunal in India, you must follow the NCDRC’s rules to the tee when filing an IA. The Bench will expect your application to be drafted with precision. Let’s discuss how to file an application in pending case NCDRC.
WHY DO YOU NEED AN IA URGENTLY FOR YOUR CONSUMER COMPLAINT IN 20
26 ?
It is 20
26 . Cases, especially in real estate and financial services are complex, lengthy battles. During the pendency of your complaint, if you don’t file an IA at the appropriate time, you may lose the opportunity to address those important issues until it’s too late. The opposing party could have sold the property in dispute or put your life savings at risk by investing in risky ventures. No matter where you live in India, even if you are in far-off cities like Gurugram or Chandigarh, practicing consumer law before the NCDRC has taught me that you must act swiftly when the need for an IA arises.
Applications allow you to request the NCDRC for interim relief of some sort or correct a procedural lapse. An NCDRC Lawyer in Delhi will know this better than anyone. You should sit with an experienced lawyer who practices exclusively before the NCDRC. They know how superior forums like to communicate with subordinate forums such as the SCDRCs and District Consumer Courts. Similarly, your District Consumer Court Lawyer in Delhi would know how the NCDRC views pleas originating from their Court.
For example, you can file an IA to restrain the Opposite Party from transferring the apartment you paid for but are yet to receive. If you do not file such an IA to “stay the alienation of property”, by the time your Complaint is finally decided, the builder may have sold the apartment to a third person and your Judgment would become difficult to enforce. Procedural technicalities can kill your case before it even begins. Stay on top of the matter by filing IAs.
QUICK FACTS
- Application Filed Under: Consumer Protection (Consumer Commission Procedure) Regulations,
- Applications For: Seeking Interim Relief from the Commission.
- Must be Accompanied by: An affidavit and Court fee.
- Includes: Application for condonation of delay, early hearing, stay of proceedings, impleadment of legal heirs, etc.
- Needs: Proper drafting by a professional lawyer. Failure to maintain may lead to rejection.
- Represented by: Yourself or a Lawyer.
When To File an Interlocutory Application?
Consumer disputes are messy. A party may die between hearings, you may discover vital documents just before the hearing or lose all your money after filing the Complaint. When justice is slow to be delivered, these Applications can serve as leverage to move the case forward or protect your interests from further damage. You must file an IA when:
- You need urgent relief from the NCDRC
- You need to bring new facts on record
- You need documents discovered
- The other side needs to be restrained from doing something
You have to SHOW the Commission why your request at an interim stage is fair and just. Learn more about Interlocutory Applications from Advocate BK Singh & Associates.
Essential Laws to know while filing IA in NCDRC
What is the legal issue in filing an IA?
An IA literally translates to “application within application”. The legal issue in IA’s is not the main legal grievance. Suppose you filed a consumer complaint because the Opposite Party did not deliver services as promised. The IA you file while the complaint is pending would be regarding something else. For instance, maybe the Opposite Party is not disclosing his bank statements despite your requests. You will have to file an IA for “Discovery of Documents” then.
THE NCDRC is a quasi-Judicial Body. The law governing it differs from the normal Civil Court. While Civil Courts follow strict Procedure as laid out in the Code of Civil Procedure, 1908; the NCDRC follows “natural justice”. Natural justice is a set of principles which require no statute to be enforced. But this doesn’t mean that the Commission is informal. Far from it. The procedures before the NCDRC are laid down in the Regulations mentioned above.
Your Application has no proper Prayer. You list the facts but do not tell the Commission what you want them to do.
You don’t state the facts clearly.
You fail to attach important documents to your Application.
You’ve seen many similar Applications get rejected by the NCDRC in the past.
My Partners, Advocate BK Singh & Advocate Sadhna Singh like to remind me that the prayer in your IA should define the relation between the relief you seek at the interim stage and the final outcome of your consumer complaint.
For example, if you want the Commission to restrain the Opposite Party from selling the apartment you paid for, you must tell the Commission that if an order is not passed now, you will not be able to enjoy the benefits of your claim when the Commission finally hands down a favorable Judgment in your favor.
You must convince the judicial mind that it is in the balance of convenience to grant you this relief at the interim stage.
THE NCDRC can only pass Orders which are provided for in the Regulations or under its “inherent powers”. Inherent Powers refers to the discretionary powers of the Courts to pass such Orders as are necessary to meet the ends of justice. However, the Commission will not use these powers liberally. They are meant to be used sparingly.
Concept of Interlocutory Applications in Consumer Cases
WHO SHOULD READ THIS?
If you have a pending NCDRC case, this article is for YOU. You could be fighting against a Builder for not giving possession of your apartment. You could be a policyholder who’s Insurance Company refuses to pay you. You might have received substandard treatment at a hospital. You are a “Consumer”. You have hired a lawyer and are tired of hearing legal jargon, paying heavy court fees and attending one hearing after another while seeing no results.
Read this if.
- You want to know why your case is not moving forward.
- The opposite party is dragging the case on purpose by filing false applications.
- Something about your case has changed since you filed your Complaint.
I have dealt with clients from all over India at www.ncdrclawyers.com . Working professionals from Bengaluru to small shop owners in Lucknow have had to seek help from lawyers to solve their consumer issues. If you live in Hyderabad and need help understanding the NCDRC process, you’ve come to the right place.
You need this article if you don’t know what to do next.
Let us guide you on HOW to file Application pending case NCDRC.
Step-by-Step Process to File an Application for Your Pending Case NCDRC
- Step 1: Determine What Relief You Want
- Step 2: Draft Your Application Remember to include the Title of your case, the Facts related to your IA, the Grounds for filing, and most importantly the Prayer.
- Step 3: Prepare an Affidavit Every IA must be supported by an affidavit sworn by you.
- Step 4: File the Application File as many copies as are required of the Registry and pay the Court Fee.
- Step 5: Serve the Opposite Party’s Counsel with a copy of your IA. The hearing of your IA will not be listed until the opposing party has been served.
- Step 6: Listen for your IA to be heard. You or your Counsel must argue on your behalf before the Bench hearing your Application.
HIRING ADVOCATE BK SINGH & ADVOCATE SADHNA SINGH can help you with these stages. The two of them know the Registry and Bench members personally and know how to draft Applications that will get you the relief you want.
Documents Required to File IA
Documents required will vary from case to case. However, these are some documents you will generally need.
- Certified copy of your Original Complaint
- Evidence in support of the facts you’ve stated in your Application.
- Affidavit in support of Application.
- Vakalatnama if you are being represented by counsel.
- Any previous Orders passed by the NCDRC in your matter.
Timelines you should know about IA
Just like there is no specific time limit to file an Application in the NCDRC. However, if you know about the need for an IA and do not file it immediately, the Commission will punish you for not acting diligently. This is known as “LAGES”.
Courts and Tribunals hate the word “delay”.
Practical delays in the NCDRC are commonplace. Just because you file your Application today, it will not be heard today or tomorrow. Your Application will be listed for a hearing date and notice will be sent to the opposite party.
Your best bet is to hire an SCDRC Lawyers in Delhi or District Consumer Court Lawyer in Delhi first and then broaden your legal search for an NCDRC Lawyer in Delhi.
Your real estate matter can’t wait for the NCDRC to hurry up.
Allow 2-3 weeks of buffer time for service of notice and receipt of the respondent’s reply. If your matter is extremely urgent, you can pray for “urgent listing” or “early hearing” of your Application.
Don’t Make These Mistakes While Filing IA
Petitions drag on because people make the following mistakes:
- The Prayer is too vague
- They forget to serve the Application to the opposite party before the hearing date.
- They file an Application for every small request.
The Commission gets irritated by such people and intentionally delay your case.
- Making the IA longer than the Complaint itself.
- Failing to attach an Affidavit
- The Application is Sworn falsely.
The Court can dismiss such Applications out of hand.
- Application under “Inherent Powers” of the Court. Almost every plea can be covered by the Regulations. Learn to use the simple tools.
- Filing an IA in the NCDRC that can be dealt with by your District Consumer Forum.
You will get fastened for misuse of the NCDRC’s time.
- Failing to explain to the Commission why it is necessary to grant you this relief “now”
Learn from the mistakes of Advocate BK Singh & Advocate Sadhna Singh and you can avoid making these mistakes.
Risks of Application Pending Case NCDRC
The risks of not filing an IA in a pending NCDRC case are significant. The damage can be permanent. If you don’t file an Application to stop the other party from selling the apartment, he just might do it. By the time the NCDRC finally gives you a favorable Judgment, it will be impossible to find that builder and force him to comply with the Order. Even if you can, it will take years.
India has a slow judiciary. If you do not take advantage of the tools at your disposal, you are giving the other party an opportunity to prolong your case. Stay vigilant and stay on top of your case by filing IAs.
When Should You Contact a Lawyer?
Contact a Lawyer as soon as you realize you need professional legal help. Don’t wait until the last hearing of your Complaint to realize you could have filed an IA months ago. And if you don’t understand the 2019 Act, hire someone who does. Large value cases require meticulous attention to detail. Leave no chances to mistakes. Seek help from an NCDRC Lawyer in Delhi at the first sign of trouble.
In my opinion, an NCDRC Lawyer in Delhi would know the NCDRC better than any other Lawyers in Delhi. Advocate BK Singh & Advocate Sadhna Singh have practiced exclusively before the NCDRC for over a decade.
How www.ncdrclawyers.com Can Help You.
Whether you’re starting a consumer case against an insurance company or are stuck in a long pending matter in the NCDRC, we are here to help. We understand that fighting a consumer dispute is stressful. It takes over your life. Here at www.ncdrclawyers.com , we strive to provide our clients with results-oriented straightforward legal service. We have practiced local laws whether you need a NCDRC Lawyer in Delhi, SCDRC Lawyers in Delhi or District Consumer Court Lawyers in Delhi. Communication is key and we keep you informed at every step of the process. Contact us now if you need help with filing an IA in your pending NCDRC case.
FAQs
Q1. Can I represent myself for filing an IA?
Yes, but most Indians cannot draft simple applications without the help of a lawyer. The NCDRC rejects Applications for ridiculously maintainable issues.
Q2. What is an Interlocutory Application?
It is an Application filed by parties during the pendency of a Complaint.
Q3. Are affidavits mandatory?
Yes, if you don’t attach an affidavit to your IA, it will be rejected.
Q4. How long does it take to get an IA disposed?
It depends on the nature of the Application, the workload of the Bench, and whether the opposite party files a reply.
Q5. What is the court fee for filing an IA?
The fee varies from application to application. Check the latest fee list for details.
Q6. Can an SCDRC Lawyers in Delhi take my case to the NCDRC?
They sure can advice you but will have to collaborate with someone who specializes in handling cases before the NCDRC.
Q7. Can I file an IA to add a respondent?
Yes. If you have a valid reason to add another party to the Complaint, file an IA for the same.
Q8. What happens if the NCDRC rejects my IA?
Depending on the order, you can file an appeal or revision against the Order.
Q9. Will I need a District Consumer Court Lawyer in Delhi if my case is in the NCDRC?
Only if you want someone who knows the history of your case. Otherwise, you need a trained NCDRC Lawyer in Delhi.
Q10. What is the difference between a Complaint and an IA?
A Complaint seeks final relief. An IA seeks interim relief.
Q11. Can I ask for a stay order in an Interlocutory Application?
Yes, if you can prove that not granting you this relief would cause you irreparable damage until the Complaint is finally decided.
Q12. Will I have to appear in person for the IA hearing?
The NCDRC has recently adopted a hybrid model. But your lawyer would recommend you be physically present for important arguments.
Q13. What role do Advocate BK Singh & Associate play in filing an IA?
We offer strategic draftsmanship, professional representation, and staunch advocacy to ensure your Application meets with the desired result.
Q14. Can I file an Application at the beginning of the case?
Yes and no. You can file an IA as early as the case permits. But most early stage IAs are filed within the first few hearings.
Q15. How can I ensure my Interlocutory Application is successful?
Make sure your Application is legally sustainable and supported by concrete evidence.
Conclusion
Pending cases can be complicated and stressful. But IAs give you the upper hand if used correctly. Need an NCDRC Lawyer in Delhi? Contact us today. Filing an IA needs strategy and precision. Take control of your NCDRC matter. Let us help you.
Disclaimer: This article is intended to provide generic information based on the author’s knowledge and experience. It is not intended to be a formal and complete guide to the law. Please consult a Lawyer for advice on your specific issue.
