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Hardeep (Business)     18 April 2015

S. 340 crpc application in consumer cases

Hi Ld. Brothers and Sisters ,

 

I am looking for specific instances wherein S. 340 proceedings have been initiated by any Consumer Court.

 

Would appreciate much actual case citations / weblinks etc.

 

Thanks much for reading in and your efforts ...

 

 

 



Learning

 3 Replies

N.K.Assumi (Advocate)     19 April 2015

Section 340 CrPc can be invoke in Civil case including that of Consumer Court. See the case of State Consumer Disputes Redressal Commission Union territory, Chandigarh: Complaint Case No.50/2010.
1 Like

Hardeep (Business)     19 April 2015

Thanks much for your efforts Sir. Much appreciated.

 

Have seen the referred case. In the same, application was withdrawn by the Complainant after the OPs admitted their fault.

 

Are there any cases wherein the application was not withdrawn and the OPs prosecuted ? As I understand, the Court concerned proceeds against  the parties who have lied on the affidavit / presented false evidence on affidavit. Am keen to know the penalties which can be imposed / have been imposed in such matters, in cases originally in a consumer Forum.

 

Appreciate much all inputs.

Hardeep (Business)     28 April 2015

I have found the following additional cases which may help any who sees this thread ;

In :

ICICI Bank vs Ramaswaroop Kumawat ( State Commission )

held that :

- Bank has filed false documents. Hence District Consumer Forum directed proceedings against the Bank U/s S. 340. Order was upheld by the State Consumer Forum in appeal by ICICI Bank.

 

Reliance India Mobile vs Hari Chand Gupta ( NCDRC )

held that :

- Practice of lying on affidavit has to be curbed. Fine on Apellant was enhanced

 

Pawan Kumar vs On Dot Courier ( State )

Held that :

- OP has lied on affidavit. Fine imposed on it enhanced.

 

Please add any else you are aware of . Lying on affidavit is a major cause justice is subverted and  if one can prove the lie, one must take all legal recourses available, IMHO.

 

 

 

 

 


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