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Is attorney allowed to stand behalf of applicant in consumer court

Querist : Anonymous (Querist) 22 April 2011 This query is : Resolved 
Dear Sir,

I have case against builder. I am overseas and not conveninet for me personally to show up in the consumer court.

1) Is it mandatory for me to personally come from overseas for showing original documentary evidences in the witness box on oath during examination in chief ?

2) Do court dis-allow SPOA to represent on my behalf for this matter?

(I already have SPOA attoreny appointed to stand before forum on my behalf. In addition, my lawyer is there to fight for my case. During filing, I already sumitted on oath affidavit, all the declarations, all claims and justifications and copies of evidences to support my case support.)


Thank you

Devajyoti Barman (Expert) 22 April 2011
1. This is a summary proceeding. So you need not show the original documents. Photocopies will do nor your personal presence is required.
2. No, it is very much permissible.
Sarvesh Kumar Sharma Advocate (Expert) 22 April 2011
1) Is it mandatory for me to personally come from overseas for showing original documentary evidences in the witness box on oath during examination in chief ?

no!
Sarvesh Kumar Sharma Advocate (Expert) 22 April 2011
2) Do court dis-allow SPOA to represent on my behalf for this matter?

no SPOA permeted!
Advocate. Arunagiri (Expert) 22 April 2011
No need for original documents.

You can initiate and conduct the entire case with your SPOA.

Querist : Anonymous (Querist) 22 April 2011

Thank you all of you Sir. And I wish th same. But these is email to me from my lawyer last week. I am confused now what to do.

"C.A.has no right to come in witness box. I am talking about evidence which has to be filed with all original documents and both of your evidence i.e. Examination in chief. . And for that you have to come. Court will not ask you to come but if you are not coming at that particular time then o.p.will take advatange because you are saying it on oath which can't be said by your C.A."
Naresh Kudal (Expert) 22 April 2011
Normally witnesses are not examined in Consumer courts and photocopy of documents are sufficient.


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