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Amit Kumar (Advocate)     28 March 2009

Is Consumer Forum - a court ?

I want to file an application under Section 340 Cr PC before Consumer Forum against OP... but want to know, whether the 'Consumer Forum' has powers to act under this section and initiate legal proceedings against OP for lying under Affidavit. I have enough evidence to prove that...



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 16 Replies

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     28 March 2009

Whether the complaint is still pending ?  What stand the Consumer Forum has taken to your plea that the OP is lying ? Need more details for discussing the above matter in length.

Prabhat Kumar (Advocate)     28 March 2009

The term Court is not difined either in CPC or CrPC but Section 340 of CrPC deals with provisions which are related to the offences affecting the administration of justice and so i think your application under section 340 is well maintainable before the counsumer court. Apart from this section 195 of CrPC says that the term court includes Tribunals, Constituted under Central or State Act and if declared by that act to be a court for the purpose of this section.

Amit Kumar (Advocate)     28 March 2009

The situation is like... that the case was decided by District Forum in Dec 08 and a compensation of Rs 8200 was awarded. Though a State Commission precedent was submitted, according to which I should have got in addition, a refund of Rs 24000 paid under a scheme.


But for the false statement they made, I did not get the said refund... which is proved by the fact as in another Disctrict Forum, they have accepted the same thing under Affidavit, which is mentioned in that judgement, but in this matter they denied it... thats why no refund was ordered. So how can be two different versions by the same OP in two different courts ?


Therefore, I made an appeal before the State Commission who accepted the appeal on 17 March 2009 for 24000 refund and also for punitive damages for false statement by the OP. But said they don't have power to act in respect of application U/s 340 Cr PC. (P.S. I still have to get the copy of the State Commission Order, so dont know what exact working has been mentioned therein)


So now case has been referred back to District Forum... hearing is in April 2009. But I dont know, whether I can still make the application U/s 340 Cr PC to the District Forum or should go to National Commission later.

Amit Kumar (Advocate)     28 March 2009

Thanks Mr Kumar for the reply... but still State Commission told me they don't have power to accept the application U/s 340 Cr PC, as you can read in the above post.

Rajneesh Malhotra (Advocate)     28 March 2009

You will have to file the application in the court of original jurisdiction. In this case that would be District Court. It has the power to proceed and summon .

Rajneesh Malhotra (Advocate)     28 March 2009

Sorry.


I meant District Forum and not district court.


You can file the application before the District Forum.

Amit Kumar (Advocate)     28 March 2009

Thanks for the reply... that will be Gr8.


Thanks a ton for clarifications... !!!

n.k.sarin (advocate)     29 March 2009

In my view district forum is not a court. Hence forum has no jurisdiction to hear and decide the matter under Cr.p.c.


n.k.sarin, advocate ,Dehradun

Rajneesh Malhotra (Advocate)     29 March 2009

If the Forum was not considered a court, then how can it pass an order of arrest under Section 27 of the Act in execution proceedings ? These proceedings are  similar to criminal proceedings.

Amit Kumar (Advocate)     29 March 2009

I think I got more precise information on this... 


Sec 13(5) of Consumer Protection Act 1986 reads as follows: 


"Every proceeding before the District Forum shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Code (45 of 1860), and the District Forum shall be deemed to be a civil court for the purposes of section 195, and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).


And chapter XXVI of Code of Criminal Procedure, 1973 covers Sec 340 to Sec 352.... so I think it clears the position !!! 

Jithendra.H.J (Lawyer)     31 March 2009

eventhough the consumer forum is not a court, certain provisions of procedural laws and evidence act applies

B.N.Rajamohamed (advocate / commissioner of oaths)     04 April 2009

As per section 195 of the criminal procedure code ,court includes any tribunal constituted by any state or central or provincial laws . Therefore , consumer forum is also a court and you can initiate proceedings under section 340 of Cr.P.C. but the complaint must be given only by the court where the evidence is recorded.

sanjay singh thakur (advocate)     09 April 2009

Dear Mr. Raheja

Though provision of CPC has only limited applicability in case CP Act, 1986 but you can validly file your case in the District Forum. Moreover I am giving the relevant citation which will help you in pennalising the O.P. for making wrong averments on affidavit. (I 2007 CPJ 341 NC).

Moreover consumer is a Quasi Judicial body.

Regards.

Amit Kumar (Advocate)     10 April 2009

Thanks a lot Mr Thakur... I will go through it also.  

Though I already have provided citation to State Commission in which the same OP company was asked to pay Rs 1.5 Lakhs as punitive damages for making false affidavit... and it was very well noted down by them...

Or maybe both are the same... as the latter was decided in May 2006 only... ?


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