Evidence stage in consumer court.

dineshchandra (Querist) 25 May 2016 This query is : Resolved
I filed complaint against an NBFC in district consumer forum vis-a-vis excess penalties in loan account. Opposite party repeatatively asked for 'more time' for filing 'objection', but did not file. The court moved case to 'evidence' stage. Two queries in this regard.

1. Whether the Affidavit I file in this stage shall be ditto copy of original complaint, or I can add / modify / delete some content of original complaint while filing the affidavit?

2. At this stage, am I supposed to submit to the court 'all originals' relevant to complaint; or submission of 'photocopies of these originals' good enough.

Thanks.

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r.sathyanarayanan (Expert) 25 May 2016
Dear Mr.dinesh,
You can put whatever relevant in the proof affidavit and it need not be ditto of the original complaint ,but it should be relevant to the complaint.support your evidence with proper documents .you have to submit originals to the court and copies to opposite party.in case if you don't hv original state the reasons.since consumer forum is exempted from CPC,and evidence act there should not be problem for marking Xerox copies if you are able to justify.

Kumar Doab (Expert) 25 May 2016
You can benefit from the suggestion of the expert.

dineshchandra (Querist) 25 May 2016
Thanks a lot for this information. What I understand from your guidance is that submission of 'photocopies of original evidence' to the Forum in place of 'originals itself' is not a default option available to me. I am expected to also furnish justification why 'photocopies instead of originals are submitted'.

Dr J C Vashista (Expert) 26 May 2016
Well advised by expert Mr. R Sathyanarayanan, I agree.
There is no need to file originals in evidence in consumer forum, if you did not file at the time of institution of complaint