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E. D.   30 August 2017

Technicalities in consumer forums

I had filed a consumer complaint last year, in the district consumer court , for mediclaim Insurance. Since I did not engage any lawyer, I was not aware that the Verification Affidavit in the complaint letter was to be sworn before a Notary. Instead I submitted the verification affidavit without the notary. The staff who accepted the complaint did not object and also the judges admitting the complaint did not point out the error. Besides the judges hearing the oral Arguments did not point to the error, the oral arguments were completed and the matter was pending for judgment for a long time. Now my case has come before a newly appointed judge, instead of judgment, he has asked for Re -Arguments , during the Re-Arguments hearing, he noticed that the Verification Affidavit is not sworn before a notary, he was about to dismiss my case at this stage. However I pleaded with him for time, I have been granted time till 6th Sept 2017 to submit written submissions on this point, if he is not satisfied he will dismiss my case, if satisfied the Oral Arguments will be heard and judgment passed. Sir, can you help me with this matter please. I tried to search on the internet for judgments on similar cases but could not find any. I will be very grateful to you if you could help me



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 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 August 2017

Get it notary.  Notary lawyers avail in the court premises.

Affidavit is a Written Statement or type of Verified Statement contains a verification confirmed by oath or affirmation.

Notarized Affidavit is a affidavit that is notarized by the Notary Public. The purpose of Notarization is that the affidavit is true and the documents has been signed and approved in front of the Notary Public. Signature on affidavit is consider to be valid only if notary public has signed and put a seal on the affidavit.

Affidavit consider to be valid only after the notarized by the Notary Public.

What is Notary Public?

Notary Public is an authorized person authorized by the State Government to carry out certain legal formalities authenticity of signatures, certify deeds and many more.

1 Like

Advocate Bhartesh goyal (advocate)     30 August 2017

Defect is curable Submit fresh affidavit before forum which should be duly signed , verified and sworn before Notary public.
1 Like

E. D.   30 August 2017

Thanks, would be grateful if you could quote some Judgments so I can submit written submissions on this point

 

E. D.   30 August 2017

Thanks, would be grateful if you could quote some Judgments so I can submit written submissions on this point

 


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