Right to cross examine in district consumer forum
K.K.Ganguly
(Querist) 31 August 2012
This query is : Resolved
A false complaint case was filed before District Consumer Redressal Forum against my Client who is a promoter by his part time manager cum broker (without keeping amy record of taking salary/commission) who is also an employee of Govt.of W.B. He had made a dummy agreement for sale of Flat in his name showing his customers that he has entered in to that agreement for sale for reselling to his customer at a higher price. He has purchased a flat from my client earlier also & took possession with out registering. Now, he has filed the complaint fraudulently with that Dummy Agreement with forged money receipts of huge amount. I wanted to cross examine him & ask whether this flat was for reselling or not or from where he has got so much money to buy third flat and also whether he has taken permission from his office or not. But the P.O. of the consumer forum, after taking Affidavit on Examination inj Chief from both the parties rejected my verbal appeal to allow me to submit questioner for him to answer and directed to go for arguments on the next date.
My. Question is:
1) Can not the Complainer be called a NON-CONSUMER as per the Consumer Protection Act if it is proved that he made the dummy agreement for sale of the flat for reselling and not for residing since he has two other flats?
2) Can it not be proved that he never paid the amount shown in the forged Money Receipts as paid in cash, if he fails to show from where he got the said cash?
3) Can it not be proved that he never intended to buy the flat & it was a dummy agreement for resell since he did not take any permission from his office which is required as per rule for Govt. employees?
4) Can a person legally pay cash of Rs.2 lakhs in one time, several times totaling to Rs.12 Lakhs paid in cash?
5) Can I file an application before the District Consumer Forum for allowing me to cross examine the complainant by submitting a questioner, as is followed in other District Consumer Fora in W.Bemgal, & if rejected, go to State Commission with the prayer to direct the said District Consumer Forum to allow me to cross examine the Complainant?
Would the Ld.Experts kindly opine on the above.
Thanks in advance.
R.K Nanda
(Expert) 01 September 2012
Answer to ur headlines of query is that u cannot X in CF.
