Advocate Neha Singh

Questions Answered by Advocate Neha Singh

Q: Validity of Cross Appeals of consumer forum in state commission

CPC is not applicable in totality to complaints filed in Consumer Fora and limited to provisions made in section 13(4) of Consumer Protection Act, further cross-objection( a form of appeal in a sense) is not maintainable in consumer case proceedings so then is cross appeal maintainable in consumer case proceedings. Answers with case law requested. Otherwise also under which section/order do cross appeals lie in a normal civil suit? The matter is that I filed an appeal in State Commission against the district consumer forum order that compensation awarded is low the opposite party also filed and appeal in State Commission after I filed the appeal that the compensation awarded is too high and succeed in obtaining a stay on the district forum order. The question now is that whether such cross appeal is maintainable.

Advocate Neha Singh answered
Yes such appeals are maintainable. If you are feeling aggrieved by the order of district forum and going on appeal to enhance the compensation and the other party is aggrieved by the order of the district forum and filing an appeal against it to lessen the compensation amount, both the appeals are valid. generally court connect these appeal and hear both the parties.

Q: Stay on demolition of open space in ground floor society flats

I am staying in a private society in,Delhi. It is a ground floor flat and has open space in the backyard being maintained by flat owners. The society now wants to remove the open space and make a road in case of fire accidents and movement of fire tenders . It is an unjustified reason as there is already sufficient space for vehicle movements. I want to hold this unjustified decision . How can court help in getting stay order ?

Advocate Neha Singh answered
If the open space is being part of the flat owned by the owners then society can not take away or use this space. It is to be seen from the papers of the property that whether the open space is a part of the flat or not.

Q: What action do I take against a girl blackmailing of filing false case

Hello sir/ma'am, I received a threatening message from a girl for filing a false case against me (not explicitly), but I know it, as I have never done anything wrong at all, I want to file a case against her for threatening/blackmailing. It's already been more than 10 months when this incident happened, but I'm in total mental stress due to her insensitiveness. My doubts are 1. Whether she can really file a false case against me? (How to tackle with such false claims, because as far as I have read, In such cases court considers the girl to be victim until proved otherwise) 2. What are my chances of winning the case? (I have all the proof ready with me) 3. Can court punish her since she is not in India anymore, studying in Australia.

Advocate Neha Singh answered
you can file a complaint against her in police station showing the messages and the facts that you have for blackmailing/threatening. In that situation even if she files a false case against you that will be after your complaint against her that will help you prove that her complaint is counter blast of your complaint.

Q: Can there be acquittal in IPC 397 case

A case against me running in session court .. ipc 397/34 .. no recovery made of any stolen item & weapon.. 2 accused in case.. 1 is grivously injured by the complainent.. spent 4 months in judicial custody .. what will happen during judgement? Can be acquitted?

Advocate Neha Singh answered
it is important to know that what specific allegations has been put against you as you mentioned there are 2 accused in the case. There are chances of acquittal as no recovery of any item and weapon has been made by Police. Have you spend any time in judicial custody is also to be seen? as it will point out any prima facie case against you or not.