Cross examination in consumer case
sajed
(Querist) 28 February 2012
This query is : Resolved
OPPOSITE party want to Cross Examine complaint in Consumer Courts?? Please provide me......Under which Section of the C.P.Act,1986........the Opp.Party Lawyer can Cross Examine the Complainant in a Consumer Court???
Arvind Singh Chauhan
(Expert) 28 February 2012
As C.P.C. is applicable in consumer courts hence no need to have special provision.
Shonee Kapoor
(Expert) 28 February 2012
Agreed, cross can be done.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 28 February 2012
Who so ever asserts must prove. Why are you asking this question? You in reply to the application moved by opposite party ask the relevant provision under which he wants to cross-examine the complainant.
This is not your duty but of the opposite party.
Deepak Nair
(Expert) 28 February 2012
In consumer forum, there is no provision of cross examination.
Whatever you want to prove you shall prove by way of affidavit in lieu of evidence.
Sankaranarayanan
(Expert) 28 February 2012
Yes you should only give all details with affidavit.
jatin sharma
(Expert) 28 February 2012
C.p.C laws is applicable in consumer court.
V R SHROFF
(Expert) 28 February 2012
it is forum, not court.
no cross exam. only on Aff, & arguments.
Advocate Bhartesh goyal
(Expert) 29 February 2012
Civil procedure code does not strictly apply in consumer cases.Generally summary procedure is adopted but whereever cross examination of parties or other witnesses are required,Forum allows to cross examination.
Deepak Nair
(Expert) 29 February 2012
Goyal sir,
I am sorry to say, but I have never seen a consumer forum allowing parties to cross examine witnesses.
Even if some party prays for it, the Forum rejects that prayer.
R.K Nanda
(Expert) 29 February 2012
Dear Client,
No provision for x in consumer court.
Please feel free, if you require more advise, then contact me on Mobile Via Path Legal.
All the Best.
R.K.NANDA - ADVOCATE
DELHI HIGH COURT & SUPREME COURT OF INDIA
prabhakar singh
(Expert) 29 February 2012
Consumer Forum has it's own Rules framed under it's Act.
It has to decide on the basis of affidavits exchanged between parties.
CPC does not apply and there is no rule of cross examination of a witness in FORUMS.
Advocate Bhartesh goyal
(Expert) 29 February 2012
Prabhakar singhji$ Deepak Nair ji
I wish to draw your attention towards sec 13{4}of Consumer Ptotection Act.;
(iii) the reception of evidence on affidavits;
(4) For purposes of this section, the District Forum shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely :-
(i) the summoning and enforcing attendance of any defendant or witness and examining the witness on oath.
so when forum thinks that permission for cross examination of any witness or party is essential then they allow it.please go through the following citations
1} 2007{2}CPJ 295{NC} oriental insurance co vs westrentrient ltd nut
2} 2008{3}CPJ 286 DTdC vs Mahabir Prasad
3] 2006{1}CPJ 292Raj brahmrishi vs DeT$ others
