Submissions of further evidence
swetha
(Querist) 20 October 2016
This query is : Resolved
Hello sir,
I have filed a petition under section 12 of consumer protection act. It is at the stage of evidence affidavit, I have few more new evidences to be filed... I want to submit the new evidence too.. can you tell me the procedure of submissions of further evidence in district consumer forum
Rajendra K Goyal
(Expert) 20 October 2016
Have you submitted your evidences already?
Has the opposite party submitted its evidence affidavit?
Kuummaar AS
(Expert) 20 October 2016
As regards complaints filed with Consumer Fora under the Consumer Protection Act, one is not required to follow the provisions of the Evidence Act or that of the Civil Procedure Code. Disputes here are tried in a summary manner, following the principles of natural justice.
You may, therefore, take further action accordingly.
Rajendra K Goyal
(Expert) 20 October 2016
Agree with the advice from expert Kumar AS.
Kumar Doab
(Expert) 20 October 2016
The presiding officer may allow you.
Gather all evidences.
Advocate Bhartesh goyal
(Expert) 20 October 2016
You can submit proofs/evidence,no restrictions,provisions of cpc doesn't strictly apply in consumer cases.
Devajyoti Barman
(Expert) 21 October 2016
While filing your affidavit in chief you can produce those additional evidence and state additional facts.
However the fora has discretion to accept this additional facts/information or not, more so, if no foundation was laid in your initial complaint.
Though in consumer forum evidence act or cpc is not strictly followed its principles are very much adhered to and hence the consumer forum can disregard this piece of information if opposed by Opposite party.
H.M.Patnaik
(Expert) 21 October 2016
Agreed that proceedings before consumer forum
are carried on in a summary manner for giving natural justice to aggrieved parties and valid additional evidence may be accepted at subsequent stage i.e. before completion of hearing.However, while submitting fresh evidence , you must carefully examine the same so as to convince yourself regarding their acceptability from all angles.
swetha
(Querist) 21 October 2016
Sir,
Till now I have just filed a complaint in consumer forum, on which the opposite parties lawyer has given his written version, and I have been asked to give evidence affidavit so can I add additional facts and evidences in this affidavit only
Dr J C Vashista
(Expert) 22 October 2016
File all the evidences (by way of affidavit) in one go irrespective of the fact that you have not added/mentioned in complaint.
Guest
(Expert) 22 October 2016
Ms. Swetha,
Yourself being an advocate, as per your profile, your question, "can you tell me the procedure of submissions of further evidence in district consumer," seems to be quite ridiculous and surprising.
swetha
(Querist) 22 October 2016
Mr. dhingra...
It's not ridiculous it's that when I created this account I was new to the profession.. and after few months of creating this account I left the profession... So I'm not so perfect in this profession but now I got a chance to come up in this profession.. and it will take some time to learn each and everything all over again
swetha
(Querist) 22 October 2016
Thanx experts for your valuable advice
swetha
(Querist) 22 October 2016
Mr.dhingra...
Try not to comment on anyone... As they may not be so perfect as you are...
Guest
(Expert) 22 October 2016
Ms Swetha,
If that be the position, you could have changed your profile. Is there any clue in your profile or your query that you left the profession after a few months of creating your profile? Before posting your q1uery, you could well have introduced yourself appropriately, if you did not want anyone to make observation on your query.
Kumar Doab
(Expert) 23 October 2016
Agreed with Expert Mr. Kumar AS, Mr. Rajendra K Goyal, Mr. Bhartesh Goyal, Mr. Devajyoti Barman, Mr. H M Patnaiak, Dr.J C Vashista.
You may act and defend your interest.
