How many times to file affidavit in consumer forum?
Consumer Complainant
(Querist) 10 May 2018
This query is : Resolved
Strange issue in Consumer Forum regarding affidavit.
I have given affidavit to the District Consumer Forum.
1st time when I gave the affidavit. It was a simple affidavit stating that whatever I have stated in my Original Complaint and the enclosures like bills, letters etc may all be considered as part of the evidence.
The assistant registrar told that this is just 2 page affidavit. Affidavits should be lengthy and then she showed old affidavits of other cases which had lengthy affidavits. Hence I tore that two page affidavit.
And wrote a lengthy one which contained the entire complaint which I gave to the forum.
Then again I took the new affidavit to the Assistant Registrar. That day the Assistant Registrar was not there and her assistant was there. She told that such long affidavit judge wont read, and he will scold her, so she told let the affidavit be short one. So again I changed the affidavit to the short version.
And finally gave it in the open court. The judge took it. But the bench clerk was telling the judge that sir it is only 2 pages affidavit. The judge did not speak. But he told OP lawyers to take the copy and sign as received. They took the copy and signed as received.
This happened 25-4-18;
Next date the OP filed their affidavit and gave a copy to me. I signed and took the affidavit. That day also Judge told to file affidavit on next date.
Now when I checked in the CONFONET again they have mentioned as
“For affidavit of complainant on 15/05/2018”
How many times do I have to give the affidavit. I already started smelling fishy. Something is not ok here.
[By the way why I took the affidavit to the assistant registrar is to get her sign on the affidavit as in the court they told no need to go to advocate, Assistant Registrar will sign on your affidavit.]
Ms.Usha Kapoor
(Expert) 10 May 2018
ON the whole you'll have to file 6 or 7 affidavit. Petitioner Affidavit, defendant affidavit and Rejoinder Affidavit by Petitionerp://www.lawyersclubindia.com/experts/Marriage--680676.aspit of at least 2 or 3 pages.Moistly in appeal stages you need to file affidavits.If either party wants to adduce additional evidence they need to file additional affidavits.
R.Ramachandran
(Expert) 10 May 2018
You are suffering as you are not aware of the Procedure. You have to learn the hard way. It is your choice - Either engage a lawyer or undergo the hardship. There is no point in lamenting.
Dr J C Vashista
(Expert) 10 May 2018
1. Fake, impersonating, copy-paste persons have stated to file 6-7 affidavits, but did not specify the stage, requirement, provision and contents. It is total bulshit suggestion.
2. There is no limit of pages but you are required to prove your claim, submission, statement and averments made in the complaint.
3. Any Judge/ Assistant Registrar has no authority to dictate as to what is to be submitted, how much length, breadth or height of the affidavit should be filed, if your statement may be believed to be true, which is prima facie an academic exercise.
4. Consult a local lawyer to proceed in a professional manner, if there is some truth in your statement.
Kishor Mehta
(Expert) 10 May 2018
In a Consumer grievance complaint a simple written complaint, with necessary evidences, should suffice. The Hon. Supreme Court of India has maintained that the procedure of the Civil Court need not be followed. However it is observed that the sitting members of the Consumer Fora unnecessarily insist on following the Civil court procedure, this defeats the primary intention of the Consumer Protection Act, which was promulgated primarily with a view to impart justice to common people quickly and without availing the services of an advocate.
P. Venu
(Expert) 10 May 2018
This is the unfortunate state of affairs in every judicial fora. The staff in the Registry have become a law unto themselves; they do not read or follow any rule book. Holding up petitions/application under the guise of frivolous and/or imaginary defects and objections is really the bane of our judicial system
Kumar Doab
(Expert) 10 May 2018
Vashistaji
You have not made any saturating explanation on need for affidavit per stages...
Kumar Doab
(Expert) 10 May 2018
Dear Mr. Kishore Mehta, Mr. P. Venu, Ms. Usha Kapoor
The time does not permit to take up consumer matters......so counsels busy in their practice in their expertise do not take up consumer matters ......
If one takes up one has to appear..
The tantrums of staff and if presiding officer indulges in transgression can be handled effectively........
You are right in your observations!
parties and their counsel even go to the extent of moving application on ........perjury and get dismissed...
I have seen lawyers stating at bar that each visit to DCDRF costs say Rs.10000/ to the client ....so delaying/tactics happen....
Kumar Doab
(Expert) 10 May 2018
Vashistaji
ki hi salah/mashwara maan kar aap achhe avam nipun vakil sahib ki sahayta le levain.....
Anaytha kisi nipun NGO ki sahayata le levain..
Ya kisi mahir Authorised representative ko saath le levain..
Consumer Complainant
(Querist) 11 May 2018
Respected sirs and madams
Thank you.
I certainly feel good that I posted the problem here. I got replies and supportive answers.
What I finally decided to do is write a letter to the president and members of the forum. Stating what I explained in my query here.
I asked them to provide a format so that I can file my affidavit if not on basis of what I know at least on the basis of what the President of the forum wants me to. To that they told they do not have a fixed format for an affidavit. There was more argument from other bench clerks from other forums because Bangalore has 6 forums and all are housed in same building. The bench clerks were of the opinion that there is no need to file affidavit if party is appearing in person. Again there were arguments. Then the president called the assistant registrar, the bench clerk and the scrutinizing officer and asked why each of them told like this. They told that when that sahib was there it used to be like this. When this sahib was there he used to follow this. Etc. so there was utter confusion and chaos among the people assembled in the presidents room.
Finally they told they cant take my arzi.
I told write and give that cant take my arzi. So finally they gave acknowledgement of my arzi. Now what they will reply and they still did not tell whether I should file new affidavit or not. This much happened yesterday.
I put a cc to State Commission also.
Utterly chaotic environment. Nobody agrees with nobody. All have formed their own rules which are not written anywhere. Don’t know what state commission will say.
Consumer Complainant
(Querist) 21 May 2018
Update.
The consumer forum president has accepted my affidavit (Grumbling).
Next date they have told to file written arguments,
Thank you all.
