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Harish M   13 April 2018

Character assasination in consumer court reply

Sir,

 

I drafted my complaint and filed it in consumer forum.  After nearly 6 dates now the opposite party which are the college and college secretary have appointed advocate and the advocate given copy to me making false allegations:

  1. That I am characterless person.
  2. That I line maar to teachers and girl classmates.
  3. That I used to send whatsapp messages to teachers.
  4. That I used to give miss calls to one of my classmates.

Thease are all false.  And I don’t know how to prove it.  Judge has told me to file affidavit and reply to the version of the op 1 and 2.

In my prayer I have asked only,

  1. Marks cards.
  2. Fees to be given back to me which I paid to the op 1 and op 2.
  3. Damages and compensation.

They are in one way doing character assassination of mine.  So in this case what to do? Can you please guide me?

 

My full story here..

https://www.lawyersclubindia.com/experts/Want-refund-from-college-671056.asp



Learning

 13 Replies

G.L.N. Prasad (Retired employee.)     14 April 2018

These are usual strategies of some advocates who wish to morally inflict insults on other party and they derive sadistic pleasure out of this.

Forget about those statements as they are not made in public and focus on your main issue.

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 April 2018

Condemn statement affidavit prepare for all their allegations and submit to the court.

1 Like

Harish M   15 April 2018

Thank you Ld. Advocates for replying. Just one more question.  Can the affidavit be titled -

Complainant Evidence by way of affidavit and reply to version of opposite parties?

or 

Shall I file affidavit separate and reply to version of the opposite separate?

If I file reply to version of opposite parties separately, will I need to file separate affidavit for my reply to to version of opposite parties?

Please guide me.

G.L.N. Prasad (Retired employee.)     15 April 2018

All these serve no purpose as judgment has to be focussed on issues.  You can during your filing of examination in chief or deposition can state all this in writing and OP is levelling false allegations without any relevance in this issue.  Contact Advocate, as to whether this amounts to defamation as forum is not a court.   If you can afford take guidance of advocate and file a separate suit for such defamatory remarks.

Is the opposite party a Public authority under RTI ?

Harish M   15 April 2018

Yes sir.  The Opposite parties are PIO's (Public Information Officers) and FAA (First Appellate Authority) under the RTI Act.

G.L.N. Prasad (Retired employee.)     15 April 2018

File RTI Application in the format with fees and seek information as follows.

Subject matter on information sought:  It was informed through written statement by College authorities in Consumer complaint No.....


(Please reproduce verbatim all the CA statements made by them)


Information solicited:
1.Please provide documents / data -the basis on which above statements are made in a consumer forum against the applicant.

2.Please provide the name of the concerned employee that drafted or agreed for the draft .

3.Please provide relevance of those personal allegations in Consumer complaint which was filed on deficiency of services as written statements gives wrong signals that Colelge need not provide services, if there are some other false allegations against the consumer.

4.Please provide certified copies of those remarks / office notes showing action taken on those complaints / allegations by college authorities till now.

1 Like

Harish M   15 April 2018

G.L.N Prasad Sir,

Thank you for the reply.  It is very kind of you to have replied.

These people told they wont give fees back. So what I did was I wrote letter complaining about this to University PIO.  He told that he has asked the Principal regarding it and when he gets information, he will pass over to me.  This reply he gave me at end of 28th day.  I waited for another 20 days and then I wrote to First Appellate authority telling him that what all happened.  The FAA replied with one letter from principal of my clg. The letter stated the same things what principal had told in person on that day when I asked him back the fees.  I had asked for information, they gave information.  I wrote counter letter to PIO regarding what action they taken in this regard? They again sent the same letter which Principal sent to them.  I again complained to FAA and got the same reply.  Now I dont know what to do.  Then I filed this consumer complaint. In that the principal has replied  making false allegations about my character.  Classes never were conducted, whom will I talk to? And principal telling that I behaved badly with girls.

Finally I felt that both the principal, the PIO in the university, the FAA in the university are hand in hand in looting people like me :(  Will second appeal in RTI be of any help?

G.L.N. Prasad (Retired employee.)     15 April 2018

Please do not blame any others without a cause.

Why the college should refund the fees is the issue.

Unless you post the issue in detail, do not expect that experts reply to you, and you should be satisfied with a replies  from a very common man like me.

Harish M   15 April 2018

What to do then? The PIO should have enquired about why they not returing fees to college.  That they did not do.  The FAA should have conducted enquiry against the college and PIO which never happened.  The FAA simply posted the letter he got by the college to me.

As the RTI wasnt fruitful to get back my fees.  I filed consumer complaint asking fees, marks card back.

In reply to my complaint, the college has made some 30 point allegations which does not make any sense and are not related remotely even to my asking fees back as classes did not start.

 All the allegations of me being characterless person are baseless. College did not start at all who will I talk to? Only 3 other guys were there. They also left.  Now I am only person fighting for getting my fees back.

Any help from advocates, learned men are welcome.

It is question of my life sir.  

rajeev sharma (Advocate Ex senior manager law )     18 April 2018

you have filed a consumer complaint against the college. In your post you have not mentionede whether your college is a private self finaced college or a government aided college. If it is private college and get no funds from govt it is not covered under RTI. The defendent college in the consumeer case is required to put srict proof of all the allegations made against yiu.

1 Like

P. Venu (Advocate)     18 April 2018

In a judicial proceedings, it is for the party who makes any averments/allegations to prove the same. It will be sufficient if you file a sworn affidavit denying the allegations as baseless.
1 Like

Harish M   19 April 2018

Originally posted by : rajeev sharma
you have filed a consumer complaint against the college. In your post you have not mentionede whether your college is a private self finaced college or a government aided college. If it is private college and get no funds from govt it is not covered under RTI. The defendent college in the consumeer case is required to put srict proof of all the allegations made against yiu.

Sir,

It is a aided college.  There is a PIO in the college.

The college has filed its version but has not filed the addivit yet.

The allegations made are heart wrenching.  And are causing pain to me.  What other respite do I have through law regarding this?

Rida Ali   11 August 2021

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