Evidence of the complainant
Ranbir
(Querist) 09 October 2016
This query is : Resolved
Dear sir,
I had filed one case in district consumer forum and the date was fixed for evidence of the complainant following which I submitted my evidence on affidavit in the LD forum I also filed one petition under section 13(4) of the cp act for summoning the op to produce the evidence which I feared is in the possession of the oposite party and the opposite party would not produced in the court but the LD court rejected my petition and fixed the day for evidence of the opposite party sir it is obvious that the op would not produced the documents which was asked from my end under section 13(4) of the cp act and it is very important for the interest of justice I request you what step should be taken from my end regarding the same
Kuummaar AS
(Expert) 09 October 2016
Dear Ranbir,
What exactly is the evidence for which petition under section 13(4) of the cp act for summoning the op to produce the evidence was filed by you?
Ms.Usha Kapoor
(Expert) 10 October 2016
Agree with
Answer the query raised by Mr.Kumar AS.
P. Venu
(Expert) 10 October 2016
No suggestion is possible unless the contents of your petition and the grounds for rejectng the same are known.
Ranbir
(Querist) 10 October 2016
Dear sir,
I requested the LD court to summon the opposite party to produce the repossession inventory list of the vehicle made by the op because some other person has signed the repossession list in my name ,payment made to the op from my end , document which proves the vehicle is in the custody of op and physical production of vehicle in court because it is a claim of the op that the vehicle is in their custody but they have sold the vehicle which is very important for justice
No reason has been given by the LD court for rejection of the petition
Kishor Mehta
(Expert) 10 October 2016
Sir,
The Consumer Grievances Redressal Fora are not supposed to adhere to the procedure prescribed under the C.P.C. or elsewhere.
This is amply made clear, by Hon. M.B.Shah of NC Bench: M Shah, S Naik, R Jain, in the matter of " Consumer Education And Research vs New India Assurance Co. Ltd.on 13 December, 2007" by some of his observations as under:
[1] " It is to be reiterated that under the Act, technicalities are not to be encouraged because the only procedure, which is prescribed under the Act is to follow the principles of natural justice and to decide the matter after hearing both the parties."
[2] " This is forgotten and we still erroneously try to adhere to the procedure prescribed under the C.P.C. or elsewhere."
Please understand that you can only depend on the evidences that are with you.
Good Luck,
Kishor Mehta
Ranbir
(Querist) 10 October 2016
Sir it was specifically mentioned in one of the posts of lawyers club India that we can file petition under section 13(4) of the consumer protection act 1986 for summoning the opposite party to produce the evidence which are in the custody of the opposite party and hidden by the opposite party
Ranbir
(Querist) 10 October 2016
Sir it was specifically mentioned in one of the posts of lawyers club India that we can file petition under section 13(4) of the consumer protection act 1986 for summoning the opposite party to produce the evidence which are in the custody of the opposite party and hidden by the opposite party
Guest
(Expert) 10 October 2016
Dear Ranbir,
What is the source of your information that some other person had signed the repossession list in your name?
Also, what evidence you produced before the LD to convince for calling the repossession inventory list?
Rajendra K Goyal
(Expert) 10 October 2016
You have filed the case, you are liable to prove your claim beyond doubt.
How opposite party can be forced to give evidence against them?
Ranbir
(Querist) 10 October 2016
Dear Sir ,
Opposite party has accepted the fact in their written version that they have repossessed the vehicle from my end peacefully and it is in their possession at the moment and they have also handed over the repossession list to me
but it is pertinent to mention that the vehicle. has been sold by the opposite party sir I just want to prove a fact that if the repossession was peaceful it is important that they should hand over the repossession inventory list to me and duly signed from my end sir the matter was informed regarding same to the local police station but they adviced us to settle the matter amicablly now how to prove when opposite party has the repossession list and they will definitely not produce in court the vehicle was repossessed at night when I was in bed rest.under treatment
Guest
(Expert) 11 October 2016
Mr. Ranbir,
Your explanation seems to be of controversial nature. Earlier you stated, "I requested the LD court to summon the opposite party to produce the repossession inventory list of the vehicle made by the op," now you have stated, "they have also handed over the repossession list to me."
If the list is in your possession what made you not to make that a part of your case, as an evidence in your support?
Ranbir
(Querist) 11 October 2016
Dear sir,
The op has not handed over the repossession list to me what I like to state was that they have mentioned regarding same in their written version but has not handed over to me
Rajendra K Goyal
(Expert) 11 October 2016
You can produce the list handed over to you by OP in your statement.
Guest
(Expert) 11 October 2016
Mr. Ranbir,
Now you have contradicted your own earlier statement. You can recheck the third line of your own statement made 15 hours ago.
Thus by changing stance in your statement, you have made your own case doubtful for the experts to guess whether you are talking about some real problem or seeking answer to some academic query.
