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Raghavender (Software Consultant)     11 July 2013

Evidence affidavit format and email related query

Hi,

I am representing on my own.

Is there any particular format for submitting evidence affidavit at District Forum for a consumer complaint ?

My COMPLAINT has paragraphs numbered as a,b,c... and the COUNTER by opposite party as 1,2,3...Should I address the COUNTER point by point in the same order ? Can I substantiate my points already made in complaint  either by agreeing or disagreeing ?  Is my assumption that I should not make a new point correct?

What should I call my next submission - Evidence Affidavit or Rejoinder & Evidence Affidavit ? 

How do I submit evidence for email correspondence ? submitt soft copies in pdf format of screen shots in a pen drive along with print outs? Is it correct to number the exhibits as A1,A2, etc or should it be otherwise ?

Thanks in advance for your advice.

Regards,

Raghavender



Learning

 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 July 2013

Affidavit should be seen to advise you properly

Raghavender (Software Consultant)     13 July 2013

I am constrained by the contents of the affidavit that need to be private. I appreciate if I can some suggestions on other points other than the name of the affidavit. Thanks !

rajesh reddy (software consultant)     27 March 2014

Raghavender

Currently i am sailing in the same boat as you sailed before. i filed a complaint in a district consumer forum and i am fighting the case on my own. Unfortunately i am not getting any help from the consumer forum personnel. if you have found out answers to your above posted questions, could you please post the same here and help me in building my consumer case.

Appreciate  your time.  

 

Originally posted by : Raghavender

I am constrained by the contents of the affidavit that need to be private. I appreciate if I can some suggestions on other points other than the name of the affidavit. Thanks !

rajesh reddy (software consultant)     27 March 2014

Raghavender

Currently i am sailing in the same boat as you sailed before. i filed a complaint in a district consumer forum and i am fighting the case on my own. Unfortunately i am not getting any help from the consumer forum personnel. if you have found out answers to your above posted questions, could you please post the same here and help me in building my consumer case.

Appreciate  your time.  

 

Originally posted by : Raghavender

I am constrained by the contents of the affidavit that need to be private. I appreciate if I can some suggestions on other points other than the name of the affidavit. Thanks !

Raghavender (Software Consultant)     28 March 2014

I am not a lawyer and could be grossly wrong. I am posting based on my limited experience. I highly recommend you to use your discretion or take professional legal advice before using the information.

 

Is there any particular format for submitting evidence affidavit at District Forum for a consumer complaint ? Please find attached format.

 

My COMPLAINT has paragraphs numbered as a,b,c... and the COUNTER by opposite party as 1,2,3...Should I address the COUNTER point by point in the same order ? Can I substantiate my points already made in complaint  either by agreeing or disagreeing ?  Is my assumption that I should not make a new point correct?

Complainant may agree or disagree with COUNTER point by point and substantiate points made earlier in the complaint. New allegations should not be raised in evidence affidavit. I am not sure, but you may make new allegations (if in COUNTER stage) through I.A. or memo stating bonafide reasons for having missed them and request the Forum to take them into cognisance. Opposite party shall be given a chance to submit additional COUNTER in that case.

 

What should I call my next submission - Evidence Affidavit or Rejoinder & Evidence Affidavit ?

'Evidence Affidavit by Complainant' and for more subsequent submissions, if any,...'Additional Evidence Affidavit by Complainant'

 

How do I submit evidence for email correspondence ? submitt soft copies in pdf format of screen shots in a pen drive along with print outs?

Printout of email correspondence showing from, to and transmission particulars would suffice.

 

Is it correct to number the exhibits as A1,A2, etc or should it be otherwise ?

Exhibit numbers go in the order Complainant - A1,A2,A3 etc, Opposite Party 1 - B1,B2,B3 etc.. Opposite Party 2 - C1,C2,C3 etc.

 

Thanks.


Attached File : 578673991 evidenceaffidavitformat.doc downloaded: 744 times

Dorai Raj (NIL)     01 April 2014

There is no particular format for filing an affidavit in evidence except the usual affidavit format.  Hard copies of the e-mails can be filed with the affidavit.  All the documents filed with the original complaint and to be filed with the affidavit in support of and to substantiate the original complaint may be marked (by the District Forum) as A1, A2, A3, etc  .  If you think some documents which are in the custody or possession of the opposite party and wish to rely on them to prove your case fearing that the opposite party may not submit them on his own, then you may file an application supported by an affidavit praying for summoning of those documents from the opposite party under section 13 (4) of the Act.  The District Forum usually allows such a petition.  This step is to ensure that the OP does not withhold the documents as they will expose him.  

Shivesh Sinha (Legal Adviser)     02 April 2014

Dear Raghavender,

I have read your query. I am Legal Adviser to a website called as Power to Consumer. At this website, we have created an Online Complaint Generator tool that, I believe, will be of great help to you in filing your Affidavit. You can check the tool here:

https://www.powertoconsumer.in/generate-your-complaint.html

Please feel free to revert back to me if you need any further help or clarity regarding your affidavit.

Regards,

Shivesh Sinha, Legal Adviser, Power to Consumer

KR Kumar (Son)     08 March 2020

Very well drafted and Very Helpful response sir. But please do let us know i

1. How to submit My comments on the Statments of Opposite Parties which I want to contest?

2. How to submit additional evidence at the of Stage of EVIDENCE AFFIDAVIT BY COMPLAINANT  support my case? Can it be done in this Affidavit itself or Do I need to file Additional Evidence Affidavit by Complainant, Separately & simultaneously? 
 

AFZAL VOHRA (Civil & Revenue Lawyer)     05 June 2020

The only thing matter is The Judge should get your point. He should clearly be explained by your pain. Format doesn't matter in consumer courts. 


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