In consumer complaints filed jointly by multiple complainants, such as a husband and wife, it's generally recommended that each complainant files a separate affidavit to support the pleadings. Here's why: -
*Evidence by way of affidavit*: During the trial of a consumer complaint, evidence is submitted via affidavits that describe every point of the case. This suggests that each complainant should provide their own affidavit detailing their specific claims and experiences. -
*Consumer Protection Act*: According to Section 38(6) of the Consumer Protection Act 2019, complaints are heard based on affidavit and documentary evidence. While there's no explicit requirement for separate affidavits, it's logical to assume each complainant should provide their own affidavit for clarity and strength of evidence. -
*Joint complaints*: Case law, such as Brigade Enterprises Ltd. v. Anil Kumar Virmani (2021 SCC OnLine SC 1283), has established that joint complaints by multiple consumers are maintainable under Section 35(1)(a) of the Consumer Protection Act 2019.
However, specific requirements for affidavits in joint complaints may depend on the court's discret