Sunday, September 22, 2013

Boner



A NO-BONER
The claim of the opposite party that my complaint about the builders was not maintainable was a boner – or shall I say a “no-boner” ?
To support this claim the learned lawyer of the opposite party in his eminent wisdom quoted a decision by the national commission which goes like this :- “in the absence of any written agreement/contract mere filing of affidavit ipso facto without corroborative and other supportive material would not constitute sufficient evidence.”

when the matter was heard this illiterate imbecile, that is me, just turned the ruling back on to the learned lawyer.
You see, a direct corollary of the above ruling is that corroborative and other supportive material will do in the absence of a written agreement / contract! - the logic should be obvious to any student of IV form B of LBC, MHE ( B means B division and your second language is malayalam, you are in A if your second language is hindi; but if your second language is french you can be either in A or B – you alternate every year) but not to everybody else!
The opposite party was flat on the mat with a heavy thud !

See if the opposite party had just said that there was no written agreement and the case is not viable and left it at that I would have been in trouble – I will have to produce evidence to contradict that. Where can I, a nincompoop who's communication systems are under the clutches of the silliest member of the spy networks or even their stooges gain access to the decisions of the national commission and such.
So, I must thank the learned lawyer for the help though inadvertent. And I shall try to return the favour like say for example when I sue his clients for criminal breach of trust he can take up that case as well.
Remember
THIS IS JUST THE TRAILER;
the movie has not yet started.
&  &  &

Tuesday, September 10, 2013

affidavit2gist


REPLY AFFIDAVIT No.2
by the complainant

In the context of the Affidavit in lieu of Chief Examination of the Opposite Party dated august 12, 2013 (less the exhibits B1 and B2 mentioned there in ) handed over to the complainant in the Hon'ble Forum on the same day,

THE COMPLAINANT BEGS TO SUBMIT AS FOLLOWS:-

1. The contents of the of the Affidavit in lieu of Chief Examination of the Opposite Party dated august 12, 2013 is a ditto copy of the written version dated December 29, 2012 but for the exhibits B1 And B2 mentioned in the present version. ( The exhibits B1 and B2 as has not been included in the copy handed over to the complainant as is he usual practice with the Opposite Party.) And the complainant had responded to it with his reply affidavit dated february 15, 2013
where in he had prayed to the Hon'ble Forum.that he may be “allowed to get some clarifications from the Opposite Party in person at the time of the hearing”.

2. This second reply affidavit is mainly to impress on the Hon'ble Forum the indispensability of the presence of the Opposite Party in the Forum just for one day for the following reasons:
a. There is no written agreement and the Petitioner is basing his claims on corroborative evidence to prove his point. To bring out the truth the presence of a person who can be held directly responsible for what he says is essential.
b. As mentioned by the Opposite Party in para 5 of his version of december 29, 2012 the Opposite Party “has well experience in building construction field” and this experience will stand in good stead in clarifying the intricacies of the construction field to the Hon'ble Forum.
c. Also the Petitioner would want to clarify the veracity of the gross allegations against him made by the Opposite Party in his version.
The Petitioners humble submission therefore to the Hon'ble Forum is that the presence of the Opposite Party in person in the Forum during “evidence” stage is absolutely necessary for the dispensation of justice.


3. Again, it will not be asking too much of the Opposite Party for he on his own had appeared before the Forum on an earlier occasion. However the Petitioner will not be surprised if the Opposite Party will find it embarrassing to make an appearance in the Forum again in view of what happened in the aftermath of that first visit.

That day on december 15, 2012, in the Forum, the Opposite Party volunteered for an out of court settlement. The Petitioner made a compromise plan wherein he offered to meet the opposite party half way and on 17 December 2012 had sent it the Opposite Party and delivered a copy to their counsel's office .However there was no response whatsoever to this proposal from the Opposite Party. And using the information provided there in by the Petitioner the Opposite Party finally filed the reply the dated 29 December 2012.

The Petitioner considers this the latest of the dirty tricks the Opposite Party had played on him.

Not only the Petitioner, the Oppoisite Party that day had succeeded in hoodwinking the Hon'ble Forum into allowing them a further 15 days grace time, and that when the opposite party had already over shot the time limit by 45 days.

In view of the above, the complainant's humble
PRAYER
is that the Opposite Party may be directed to be present in the Forum during the evidence taking stage.
sd.

Complainant