Member (Account Deleted)
23 May 2018 at 22:42
Sir,
I have filed consumer complaint against prestige cooker seller which got burst. The court issued notice. to OP 1 seller and OP 2 manufacturer. 45 days time over. But till date OP 2 nobody came on behalf. OP 1 comes to court but does not come before the judge, takes the date and goes.
Both OP 1 and OP 2 not filed any reply till date. Judge asked me to file affidavit now.
I cant make out what is plan of action of OP 1 who appears in the court but when case number called out only I go in front of judge, judge asked to call name of OP 1 loudly, but still OP 1 sit calm.
In meantime OP 1 given complaint in police station that I threatened OP 1 at his shop and over phone. Police had called to come to station, I did not go. I asked complaint copy. Complaint copy sent via RPAD, which I did not receive coz I not in town.
Police calling on my phone harassing to come to station. I told that I did not threaten the seller over phone.
I have video recordings of conversation with seller which I have given to consumer court. I have multiple call recordings where seller has confessed he wont give new cooker and wont give compensation to burn victim my mom.
So if anyone can guide me what could be intention of the OP 1 who is cooker seller?
OP 2 never appeared at all till date.
Please help.
Vekatesulu Mandin
23 May 2018 at 22:14
Sir,
I have filed consumer complaint in Bangalore Consumer Forum.
In the entire case the opposite party never appeared nor the President compelled appearance of the opposite party only the advocate appeared.
Without even seeing the opposite party even once the consumer court passed order. Now I have to go to appeal in State Commission.
Is it not necessary at all for opposite party to appear even once in the consumer court?
suresh
23 May 2018 at 15:51
I am staying for last one year on rent basis @9000/-pm.The owner had taken 3 months advance.Last month I intimated him to leave.But now he is telling not to return the rest 18000/-unilaterally in the name of painting.But actually nothing happened to to the wall. When I told him ,U call any one ,If he tells to give the money after seeing the room, I am ready to pay.But he is reluctant becoz he knows the outcome.Now what can I do against him to get my 18000/- back.
Pl suggest.
anu radhalll
23 May 2018 at 12:43
Land suit case .1981 consent decree passed.we implemented court decree and got tittle deed and passbook in 1983 .1981 to till now we are cultivating that land . my grandfather is plaintiff and my uncle is defendant. In vakalth and judgement and decree in that defendant father name written wrongly.
Now plaintiff(my grandfather) and defendant (my uncle)both passed away(die) in 2004.
1) defendant sons are there present .Now defendant sons can appeal the consent decree right now???
2) what is a section 152 cpc ??
3 ) suppose if i put a application in court under section 152 cpc -- defendant sons can fight with me or not??
Anonymous
23 May 2018 at 01:36
Sir I am defendant in the case
There is a man who work in PNB bank, his side business is to give money on interest.
I took 10 lac rs from the man, and for formality purposes he took my signature on 2/3 blank papers including stamp paper and blank cheque and obtain my photo. As I was in desperation of money so I couldn�t doubt his intention.
After 4-5 months I received a notice from court. According to that I sold my shop to mr mangla and now I am not entertaining him for registery.
Is that enough to claim a property???
Or it�s a game of big lawyers. ????
I never went to court To sign any agreement to sell,it�s like somebody sold my property.
I was thinking how honourable court accept this type of forge case.
But still I trusted the judiciary and told my lawyer to please don�t let this case go for years and years of time, I want justice ASAP. my lawyer appreciated my thinking and tryed his level best to end the case soon. And within less than three years the court gives the verdict.
All mr manglA did is convert blank papers into agreement and a receipt.
I want to ask every lawyer and honourable judges, is it enough. To claim a property??
Surely not.
So how mr mangla will prove this.
Quoting a law- if defendant denies the execution of the sale agreement then it is the burden of plaintiff to prove The sale agreement is genuin by examine the witness
Signed in the agreement and its execution.
Mr mangla said he has 2 witnesses at the time of signing the agreement and making payment
Witness no-1. Is mr mangla real brother.
Witness no-2 is colligue of mr mangla.
As witness number one is real brother of plantiff so the credibility of this witness is doubtful
Witness number two clearly denied any type of a sale deal in front of him, Mr mangla himself bring the agreement in office and get it signed
The only reason to sign that agreement as witness just because Mr Mangla was His friend and more importantly his superior in the bank, as now witness number two took retirement from bank so he has no fear of his superior
Plaintiff said that defendant himself prepared the agreement to sell papers. Plaintiff visit court with two witnesses where agreement is already typed. Plaintiff just signed the papers hand over the payment to defendant.
But in cross his witness no1 is saying that he is sure that after reaching the court it�s mr mangla who typed the whole agreement.
WITNESS DENIED
Now come to payment procedure
If someone buys property he/she can show transaction by giving bank statement.
But mr mangla paid whole amount of 50,00,000 rs in one shot. As my lawyer demanded bank statement for the same transaction
Plaintiff said he can not show the transaction in bank statement because he paid rs 50 lac in CASH in one time. 50 bundle of 1000 rupee note. Not a single rs payment from bank.
The date of payment receipt and date of agreement is not same. For which plaintiff is saying this as TYPING MISTAKE.
a government approved valuer made his report which clearly states the valuation of the shop at the time of case filed was
TWO CRORE FIFTEEN LAC RS.
why would I sale my shop in 50 lac rs.
In the cross of PLANTIFF when my lawyer asked him size of the shop, mr mangla stunned for few seconds and Sai I DONY KNOW THE SIZE OF SHOP.
when my lawyer ask him about per square feet rate of the property, he again stunned and said I DONT KNOW.
AND MANY MORE POINTS.
ISNT IT ENOUGH TO PROVE THIS CASE AS A FRAUD.
BUT JUSTICE DENIED I LOST THE CASE IN LOWER COURT.
I REALLY FEEL LIKE COMMITTING SUICIDE.
WHO WILL STAND FOR ME ????
Anonymous
22 May 2018 at 21:29
Hello
This is regarding property rights of daughter,we reside in chennai and my mother died in 2003 and my father expired in 2016 Aug.before this death my younger brother got POA from him for housing improvement loan in
HDFC bank ,in June 2016,my father was mentally ill during the time he got his finger imprint to get powers,after two years ,he wants to take built house and old house in damaged condition in same plot ,he says in words that damaged house is for me and not ready to give in written and he is using POA to get more loans after death of my father,since property is in my fathers name.he claims to get more loan without my consent and i have got legal heir certificate .
Please help me i can stop him getting loan , and stop him making home improvement without my consent.
Anonymous
22 May 2018 at 21:14
My father had filed a partition suit against his three stepbrothers and his stepmother. It is an ancestral property.when my father expired,we were substituted in that suit. In 2004 the trial court decreed 1/5th share in the preliminary decree in our favour.It is to be mentioned here that the properties are situated in three places. The land relating to first and second place has been amalgamated in one place as per ROR. But the third place property belongs to consolidable area where consolidation operation is over. Final ROR of that area has been published in1998. As per the ROR of the property of that consolidable area, my stepgrandmother"s name has not been recorded. Prior to publication of the ROR my stepgrandmother alongwith my father and her sons had sold some property of that consolidable area to two persons in 1988. At that time the said property had been recorded in my great grandfather:s name.One of the transferee has mutated the land sold to himThe other has filed a case before theDirector, consolidation, Odisha in 1999 for recoding his name against the land he purchased as he has been in peaceful possession over the land. My question is as the property is in the consolidable area does the civil court have any power to adjudicate the right,title and share in that property? Whether the land sold by my stepgrandmother in that area will be allotted to her and her share will be adjusted during the final decree proceedings? Now she is dead. Can her legal heirs take the plea that as her name has not been recorded she did not have any right and share on the land she had sold?
M.A.Khan
21 May 2018 at 19:34
I am buying a property which was partitioned in 1996 in the partition sisters have not been included according to them they have given share in other properties and they will not come as consenting witness
can i buy this property without sisters signature will they not claim there share later please advise
Bibin
21 May 2018 at 13:48
Dear Experts,
My grandfather has 4 sons and he has 40 cents land.
There is no prtirion made before his death.
4 sons of my grandfather including my father occupied 10 cents each.
There were no partition formalities happened among them.
Later everyone registered the land by own(Others members not involved) that they are enjoying now.
one of my uncle done this regitration 25 years back. and 2 of them completd their registration 12 years back.
Finally we also decided to write a deed for the one that we are enjoying now. We completed this registration 5 years back.
Now everybody having their 10 cents registered land and having separate title deed for that. Is there any possibility that
my uncles can claim for my father's land?
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Fraud case
A boy, 27 years of age who lost his father at the age of 17. His name is Rahul ,running a business,he needed some money to invest ,so he decided to take loan against property, for the same he went to Punjab National bank branch located near his office with some documents.As he entered the bank he saw his uncle whose name is mr. Mangla (plaintiff)(rare family friend)mr mangla invited Rahul �for a cup of tea in the evening with photocopy documents to discuss the loan procedure. On the same evening Rahul went to mr Mangla home with documents. As they both started talking mr. Mangla took his Papers and assured Rahul that he will help him in getting a quick loan.After 2 days Mr. Mangla said �I tried my level best but it will take atleast 45 days to sanction loan that too not guaranteed.but you are like my son I will help you out on this and I will give you loan of rs 1000000(ten lakh) at bank rate of interest. Without any delay. Mr mangla said Beta I am doing this because last night your father came in my dream and request me to help you�. In next 2 minutes mr. Mangla bring some blank papers and told rahul to sign that papers just for formality. And he puts bag of rs ten lac on the same moment in front of rahul As Rahul was in desperation of money he couldn�t doubt mr Mangla intention so rahul signed the papers,Mr mangla obtain passport size photo of Rahul. after 3-4 months rahul received a notice from the court � Which stated that rahul sold �his property to mr. Mangla and to Mangla�s wife at rs 50,00,000(fifty lac) and now Rahul is not going to court to transfer or to register the property.
Rahul tried to contact mr. Mangla several time. But mr. Mangla avoid talking to him. Then Rahul went police station for that and asked them to help him but police officers said that this is now the matter of court so they can not help rahul out on this. Police gave Rahul confidence to fight this case with truth and loyalty. Then Rahul hires a lawyer for the case..
Rahul�s lawyer demands the agreement copy from mr Mangla lawyer on the behalf of which mr. Mangla filed the case.�
The agreement is typed on only 20rs stamp paper which was signed blanked by Rahul. TWENTY RUPEES PAPER. WHICH WAS NOT EVEN A REGISTERED AGREEMENT. And second paper which was signed blanked by Rahul now transformed into the receipt of cash.
PLAINTIFF STATEMENT IS.-
i purchased rahul's shop on joint name of my and my wife . Rahul himself made this agreement from court. As the agreement completely typed Rahul called me that sir agreement is in my hand now come and give me money. Then I with my wife my real brother and my colleague went to court and gave rs 50 lac in cash. Whose witness is my brother and my colleague.
Facts of AGREEMENT
a) � The agreement typed on 20 rs stamp paper
�b) There is very blank space left in the agreement.�
C) agreement is not registered
Question raised on agreement
A)Why a human buy 20 rs stamp paper to buy a property.
B)Why anyone will leave any space in agreement�
C) why he doesn�t go for a registered agreement instead of an unregistered agreement????
Logical answers-
Ans A) IF THE STAMP PAPER� WILL BE OF MORE AMOUNT STAMP PAPER,THERE WOULD BE SOME POSSIBILITY THAT RAHUL COULD DENIED SIGNING THAT PAPER....
And B) THE WHOLE AGREEMENT IS FORGED, THEY LEFT THIS SPACE IF TO MAKE ANY KIND OF SUGGESTIBLE CHANGES BY LAWYER BEFORE FILING THE CASE......
Ans c) TO MAKE A REGISTER AGREEMENT THE BOTH PURCHASER AND SELLER NEEDS TO BE PRESENTED IN FRONT OF REGISTRAR AND BOTH HAVE TO FOLLOW THE PROCEDURE FOR THE SAME. BUT THAT IS NOT POSSIBLE IN FRAUD CASE......
FACT OF Receipt -
First of all let me give you a shock....
mr mangla said he made full and final payment IN ONE SHOT by CASH....
A) DATE OF RECEIPT and date of agreement is not same. But plaintiff said he gave rahul full payment on the same day when agreement is signed.
B) why there is a single receipt of such a huge amount of rs fifty lac....
C)WHY A MAN WHO IS WORKING IN BANK DOESNT MAKE EVEN A SINGLE RUPEE PAYMENT THROUGH BANK....
LOGICAL ANSWERS OF RECEIPT
A)THIS IS WHAT HAPPENED HERE. HERE MR. MANGLA GOT CONFUSED IN DATE THE AGREEMENT DATE AND DATE OF RECEIPT ARE DIFFERENT FROM EACH OTHER. MAY BE SOME CHANGE OF PLAN AT THE END TIME�....
B) ITS JUST BECAUSE ITS NOT POSSIBLE TO TAKE SIGNATURE OF RAHUL ON BLANK PAPER AGAIN AND AGAIN....
C) AS MR.MANGLA SIGNED BLANK PAPERS FROM RAHUL, THIS IS THE ONLY MODE OF PAYMENT WHICH CAN'T� BE
JUSTIFY.. MR.MANGLA SAID THAT HE GAVE CASH PAYMENT OF FIFTY LAC IN CASH. THATS IT.....
according to mr. mangle he got two eye witness of the deal...mr MANGLA FIRST WITNESS NAME IS PRAMOD KUMAR,�
PRAMOD KUMAR IS REAL BROTHER OF MR. MANGLA....MR.MANGLA WITNESS NO2-IS JAGDISH BHADANA�
MR.BHADANA IS� COLLEAGUE OF MR.MANGLA....
In a case of R.V.E VENKATACHALAM VS B.A DEVANESON. On 27-January 2015. The judge of the case clearly said
WHEN THE DEFENDANT SPECIFICALLY DENIES THE EXECUTION OF SALE AGREEMENT THEN IT IS THE BURDEN OF PLAINTIFF TO PROVE THE SALE AGREEMENT IS GENUINE ONE BY EXAMINE THE WITNESS SIGNED IN THE SALE AGREEMENT.
Cross examination of plaintiff
LOOPHOLE ANSWERS OF MR. MANGLA
Rahul lawyer- did you gave money to Rahul on interest?
Mr. mangla - no
lawyer- for what purpose you gave money to my client Rahul�
Mr. mangla - I purchased his shop
lawyer - for how much
Mr. mangla. � �- �rs fifty lac
lawyer- rs fifty lac.�
Mr. mangla. � - �yes
lawyer- what business you do
Mr. mangla. � � �I am an employee in pnb bank.�
lawyers - employee of pnb bank and you purchased property of 50 lac.�
Mr. mangla. � � �- �yes
lawyer- is your children�s married
Mr. mangla. � �- no. My only one daughter is married
I have one more daughter and a son. Need to be married�
lawyer- you need to marry your daughter and son and you work in an government bank still you managed to buy the property
Mr mangla- �yes
Rahul lawyer- can you show this court your bank statement of the same transaction as a proof
Mr. mangla. - �NO
lawyer- why
Mr mangla- because I paid cash
lawyer- shocked. 50 lac rs in cash.�
Mr mangla. � �- yes.�
lawyer- �with whom you collected 50 lac cash
Mr. mangla- money was�lying at my home
lawyer- in how many installment you gave fifty lac rupees cash to rahul
Mr. mangla- that�s a one time payment.�
one time because you can not get blanked paper signed again and again)�
lawyer- where yo paid 50 lac rs cash
Mr. mangla - court
lawyer- so according to you. You took bag of fifty lac rs,you reached court, which is heavily crowded place and you handed over to rahul????
Mr. mangla - EXACTLY�
lawyer- how many balance payment you
Need to give mr Rahul for the property�
Mr. mangla- not a single rs more.�
lawyer- you paid whole amount in one short?
Mr mangla. � - yes
lawyer- if you paid whole amount then why you go for an unregistered agreement to sale instead of doing final registration.�
Mr. mangla - because Rahul told me that registers of the area is closed by the government as it will get open I will do the registery.�
lawyer- but registery is never closed by government of the area
Mr. mangla- �I don�t know
lawyer- mr. mangla how you don�t know your work place and Rahul shop are in same area
Mr. mangla - �I don�t know
lawyer- when Rahul said that registery is closed of the area you must asked some people�s to cross check Rahul. Can you tell some of the names so I can cross them????
Mr. mangla- no, I didn�t asked anybody�
lawyer- as you are a middle class service man, u must be very specific with the deal so with how many property dealers �you �consulted with ? Can they come for cross?
Mr. mangla - no I didn�t consulted with any one.�
lawyer- what was the collector rate of the land at the time you purchased.�
Mr. mangla - �I don�t know rate
lawyer- what is the size of the shop you purchased?
Mr. mangla - I don�t know the size.�
CROSS EXAMINATION OF MR. MANGLA WITNESS NO-1
Rahul lawyer- your name
Witness- Pramod kumar
Rahul lawyer- how you know mr. mangla
Witness- He is my real brother
Rahul lawyer - did you signed agreement as a witness?
Witness- yes
Rahul lawyer- can you brief me
Witness- yes, I along with mr. mangla his wife and mr Jagdish bhadana went to the court.
Rahul was already there. And we went to the typist and typed whole agreement. And after signing the agreement Then my brother gave rs to Rahul.
Rahul lawyer- are you sure this agreement is typed in front of you. Think. Take your time.
Witness- I am very much sure Whole agreement typed in front of me.
Rahul lawyer- how come your brother got so much rs to purchase land
Witness- I have no idea about that.
Here witness saying that whole agreement was prepared by mr Mangla in front of his eyes. But plaintiff statement was � he was not present at the time of making the agreement. its Rahul who typed the whole agreement �
One more important point is if Rahul intention was not right then he could easily ask any of his friend to make a duplicate sign. So he can easily straight forward deny the signature.
Cross examination of witness no 2.
lawyer- do you signed the agreement
Mr. bhadana- yes
lawyer- did you signed the agreement in front of Rahul
Mr. bhadana- no.
lawyer- so why you signed as a witness on the agreement?
Mr. bhadana- because mr. mangla told me that he gave some money to Rahul on interest so just for the formality he wants my signature. As he was my senior and my friend that why I signed the agreement.
lawyer- then why you didn�t appear in court
Mr. bhadana- because first of all now he is not my superior as I took retirement from bank and secondly I can�t lie by taking swear of god. And defendant is younger than my son. I have to face god one day.
Rahul called a valuer
Mr. Rakesh Bhatia. - he is government approved valuer. Who investigate the property and give the value of property according to collectors rate and gave property price in written.
According to mr. Bhatia. The said property is in the name of Rahul. He got the possession and the value of property at the time of said agreement is worth of 2,15,00,000( TOW CRORE FIFTEEN LAC) RUPEES.
It�s like you purchased a mobile phone from the mobile store worth rs 50,000.
And you pay 50,000rs on the spot and
After receiving the full amount then mobile
Store owner says that� I have mobile with me and even you paid me full amount of mobile but I can�t give you two things right now. And that two things are neither I will give you bill and most importantly I will not give you mobile phone as well. First I will use this mobile for 3-4 months then I will give you.�
IS IT POSSIBLE?????????