Affidavit of evidence
Ravindra Niphadkar
(Querist) 24 March 2016
This query is : Resolved
My issue is not academic. The matter is in consumer court and OP has filed written statement in reply to the complaint.The issue is in written statement the OP has stated certain false statements which I would like to contest with appropriate evidence.The OP has first of denied receipt of registered letters/ notices which are 33 in numbers. The OP is a company and all letters were sent to the company,s registered addresses also to the Chief Promoters residential addresses. The OP has filed private criminal case which is prima facie false which can be easily proved in any court. This aspect I would like to put in reply with evidence in affidavvit of evidence.
The OP has violated the provisions of MOFA act i.e. maharashtra Ownership of Flats Act which was mentioned in the original complaint but relevant sections were not mentioned in original complaint which now I can mention in affidavit of evidence.
I have audio recordings of the OP i am not aware how to mention and present this evidence in affidavit of evidence.
My intention is the OP should not able to take advantage of few technicalities which will be at my disadvantage.
Glad that you have quickly responded.
Please guide me.
ROHIT SHARMA
(Expert) 24 March 2016
1. When cross examining the other party you can have such evidences of the postal receipts acknowledgements of letters send by you and that should be able to sustain your say mentioned in your W.S.
Ravindra Niphadkar
(Querist) 24 March 2016
Thanks sir. pl. let me know about audio recordings and how to present it in affidavit of evidence.
Advocate/CS Sanjeev Kataria
(Expert) 25 March 2016
you can make the copies of the CD and marked them as annexure. it is advisable to get the hash value of the CD to prove their authenticity. The false allegation made in reply can be countered in affidavit.
Dr J C Vashista
(Expert) 27 March 2016
I differ with experts advise.
There is no provision for cross-examination of a witness in Consumer Protection Act,1986.
You have the opportunity to file your rejoinder, you may mention all these receipts and documents.
Subsequently exhibit all these evidences.
Consult your lawyer if you are not a lawyer; otherwise consult a senior for proper guidance and proceeding.
You may contact/consult me in Delhi at 9891152939 email: majjagdish@yahoo.com
