Procedure of Consumer forum

Guest (Querist) 11 March 2009 This query is : Resolved
I have filed a consumer case in person. Date fixed after admission hearing was for “appearance and S/R”. On this date I have showed the forum the A/D card as proof of sending notice and copy of complaint to the opposite party and opposite party on the same day appeared and submitted their reply. One copy of such reply was also given to me. Next date is for filing “Affidavit in chief” the presiding officer of the court told me that I have to submit my objection against the reply submitted by the opposite party if any.
Please guide me about what I have to do exactly on the next date?
What is Affidavit in chief?
What should be the format of my objection against the reply submitted by the opposite party?

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adv. rajeev ( rajoo ) (Expert) 11 March 2009
consumer cases are summary proceedings, u need not file an objections in reply to the opposite party. After appearance of the opposite party and after filing his objections u have to file an affidavit in chief means instead of personally ur party giving evidence in the court u have to file a n affidavit in chief which is also considered as chief examination of the party. whatever u have stated in the complaint that u have to file in the form of an affidavit in chief.

M. PIRAVI PERUMAL (Expert) 11 March 2009
You dont need to file any objection to the reply filed by the opposite party. You have to file proof affidavit. You prepare a affidavit by reproducing averments that have been made by you in the complaint and also rebuttals/denials for what the opposite party has stated in his reply and you have to mark the documents in support of the averments made by you in the complaint.

Guest (Querist) 11 March 2009
Thanks for your reply
Can any body give a format of Affidavid.

Kiran Kumar (Expert) 12 March 2009
dear contents of the affidavit will depend upon the facts of the case...better take advice from local lawyer in this regard in order to avoid any mistake.

PALNITKAR V.V. (Expert) 12 March 2009
Yes, it is better to engage lawyer. That will benefit you.

A. A. JOSE (Expert) 12 March 2009
Dear Jewel,

If you are capable of doing as per the opinion given herein above by Mr.Piravi Perumal M., you need not spend money on engaging an advocate .

Guest (Querist) 12 March 2009
Thanks A.A.Jose...I need the format...means only the Title ..heading..the finishing para etc..
can anybody guide abt the format?

M. PIRAVI PERUMAL (Expert) 12 March 2009
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM : _________ DISTRICT

C.C. NO. OF

BETWEEN : -
.. COMPLAINANT

AND : -
.. OPPOSITE PARTY

PROOF AFFIDAVIT OF THE COMPLAINANT

I, ____________________ son of Mr. _________, Aged about _____ years residing at __________________________ do hereby solemnly affirm and sincerely state as follows : -

I am the deponent and the complainant in the complaint.

(narrate the facts in complaint)

It is therefore prayed that this Hon'ble Forum may graciously be pleased to
(narrate the prayer as in the complaint)

Solemnly affirmed and
signed before me at
________ on ___________ Complainant

Before Me

Advocate/Notary