what to do? submission of further evidence in CDRF?
mahendrakumar
(Querist) 25 June 2011
This query is : Resolved
a case was remanded back to the cdrf by the state forum on the appeal of the OP stating that the op were not given an opportunity by the cdrf to adduce evidence.
during the first hearing after the remand,the cdrf asked the complainant to submit any new evidence if any on the next hearing.
as per the order of the stateforum'both parties can submit fresh evidence/arguments if any and decide the case afresh.
the complainant want to submit further evidences based on the OP's evidence/stand only.
Now,can the complainant ask/make a submission to the cdrf for permitting to sumit evidences later after the "OP"?
can we make this request orally or in writing next hearing?
Kiran Kumar
(Expert) 25 June 2011
if the State Commission has afforded an opportunity to you as well then you may adduce your evidence also.
now the question is the opposite party must have disclosed its stand in its Written Reply only, therefore, you must have adduced the proper evidence at the first opportunity.
if possible can you please mention the entire order here, so that it can be seen that whether the OP has been granted opportunity to adduce evidence or written reply only.
otherwise, if the matter is technical then an opportunity for further evidence can be granted to you but keep one fact in mind that Consumer Forums are not bound by technicalities and are not meant to delay the entire process.
mahendrakumar
(Querist) 26 June 2011
thanks dear Kiran,the relevant part of the state forum order...."the matter is remitted back to the forum below for disposal after giving opportunity to the OP/appellants to adduce evidence in support of their contentions. However the complainant/respondent also is at liberty to counter the evidence and submissions of the OPs if he so desires.."
in view of the above and also because of the nature of the case,it would be better to counter their evidence and submissions after OP.
during the first hearing of the case after remanding back to the cdrf,the OP has neither submitted any evidence or written submissions.
since the forum has directed us to produce fresh evidence if any on the next hearing,we would like to avail that opportunity after OP's chance.
for this only,I have raised the above technical query,whether we can do so by an oral/written submission during the next hearing?(actually as per the state forum order sequence,we are entitled to counter the evidence and submissions of the OP. Unless the OP exercise their opportunity first,how can we "counter" them?)
