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Rajneesh Malhotra (Advocate)     03 September 2025

Affidavit(s) in a consumer complaint or appeal under consumer protection act .

If there are more than one complainants filing a complaint together ( Eg husband and wife ), do both need to file seperate affidavits to support the pleadings of the complaint or is it sufficient for one of the complaints to file an affidavit. 

 

Any case law on this aspect ? 



 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 September 2025

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

T. Kalaiselvan, Advocate (Advocate)     03 September 2025

If both the comlaints are different then both the complainants need to file affidavits separately to establish their pleadings and the case.

R.K Nanda (Advocate)     03 September 2025

Both complaints must file separate affidavits to support their evidence in court. 

Dr. J C Vashista (Advocate )     04 September 2025

Yes, both of the complainants require to file their own affidavit.

Citation may be searched by you.


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