Section 340 of crpc against opposite party in consumer forum

Ranbir (Querist) 09 June 2016 This query is : Resolved
Dear sir I had filed one case in consumer forum and was decided in my favour ex parte but the op has appealed to the state commission that they were present in the court proceedings in district forum and has also filed evidences which were never filed in district forum sir can I file section 340 crpc application in the
district forum against op for giving false information under affidavit in court

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Devajyoti Barman (Expert) 09 June 2016
This is no ground for filing petition u/s 340 crpc.
If the appellant was not present then they can not prove this fact in appeal.

Ranbir (Querist) 09 June 2016
Punitive damages can be awarded for the delay caused and the harassment faced by me for such an appeal without fact

Ajay Bansal (Expert) 09 June 2016
Section 340 Cr.P.C. is a part of section 195 Cr.P.C., which has a list of some sections of I.P.C. If any act does not fall under any said sections of I.P.C., then 340 Cr.P.C. will not attract. As per facts given by you no section among said sections of I.P.C. is made out, so no 340 Cr.P.C. is maintainable here.

Kumar Doab (Expert) 09 June 2016
If they have signed affidavit under oath, but have lied then they shall meet their fate at the hands of court.

Let them prove what they have stated, and prove the court wrong.