Denial of documents in Admission/Denial of documents in NCDRC

858 votes

Consult to a lawyer for your benefit otherwise your matter a very cuurcial stage anything gone against your it will harm or loose your case. Pls coordinate with a lawyer. This so the solution for case.

Advocate Akhil Verma LawRato

918 votes

Sorry sir as I am not high court lawyer or corporate lawyer so I cannot give you any guidance kindly contact corporate lawyer . As this is matter related to corporate sector so best guide line will be given by corporate lawyer or law firm only .

LawRato LawRato

986 votes

It means that the document which is denied, the contents have to be proved in the court and the document is not accepted on its facevalue. The onus is on the complainant to prove the contents of the denied document for the court to consider the same

Advocate Mohit Seth LawRato

732 votes

Hello,

In your case, as the builder is denying the documents provided by your side, this denial also extends to denial of contents of document. As per sub-rule 2 of Rule 4 of Order XI of CPC, the party may admit or deny the existence of documents and this denial shall also extend to admission or denial of the contents of the document.

It is unfortunate that builder has denied the documents. However, law provides ample remedy for the other party to prove the documents.

Admission or denial stage comes pursuant to Inspection of documents. The law is clear on fact that bare and unsupported denials made by party are not to be considered as denial and therefore Court may dispense with proving the existence of documents by party relying on them. Party is therefore bound to provide reasons in support of denial of documents.

Based on limiting facts that you have provided, I suggest that you take up the denial of documents in your stride and prove that the documents are material before the NCDRC and seek exemplary costs on the defendant.

However, may I invite you to share detailed facts of the case to enable us to provide you with better counsel.

Advocate Gaurav Gupta LawRato

583 votes

Delay as per agreement is subject to assumptions- kindly send copy of agreement signed between both the parties.
The builder can take excuse only if there are per conditions MENTIONED in the agreement duly acknowledged by both the parties.
Other then that , failure to deliver on or before the agreed scheduled date by the builder is liable for all consequences with cost.

Advocate Vijay Sahni LawRato