Sushil Kumar Bhatia (Advocate) 13 April 2010
Dears
If a cusomer has purchased a machine and he alleged that there is manufacturing and other technical defect in machine not properly operate This is a case of consumer forum or cheating u/s 420 cr.p.c. A criminal complaint is filed by customer in crminal side court and court has taken cognizance in case about cheating it is correct or not if incorrect what is the remedy to defend the case or a writ can be filed against cognizance
G. ARAVINTHAN (Legal Consultant / Solicitor) 13 April 2010
consumer court is right choice and where only we can get compensation
Dharmesh Manjeshwar (Advocate/Lawyer) 14 April 2010
Sir ... very obvious from the facts mentioned by you that a civil cause of action arises ... appropriate forum for getting relief in such matters would be to approach the Consumer court alleging deficiency in services ...
U mention that cognizance has been taken by a Criminal Court for the offence of cheating ... since this is a warrant riable case, there will be evidence before charge where u will get opportunity to defend urself prior to framing of the charge ....
Vinod kashyap (Advocate & Legal advisor) 15 April 2010
U can go against cognizance u/s 482 of CrPC or argu at the time of framing the charges.
Sushil Kumar Bhatia (Advocate) 15 April 2010
thanks for advise
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