KR Kumar (Son) 08 March 2020

Evidence affidavit format and rejoiner

Hi, I am representing on my own. The case is at Evidence Affidavit by Complainant Stage. That is after my complaint, Opp parties have submitted their Response and Now I am required to submit the Evidence Affidavit. I filed the complaint in the Month of Nov 2019 under Section 12 CPA, 1986 not knowing that CPA, 2019 has been enacted on 08 Aug 2019. The Opp Party has made a Primary Objection on this ground for dismissal of the the complaint.

1. How Do I pray to Consumer Forum to amend the complaint to Under CPA, 2019?

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

3. How do I submit additional evidence at this Stage to support my case?

4. What title should I use? "Evidence Affidavit & Rejoinder" will be a correct title?

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

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1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 09 March 2020

1. This is not a major amendment of content rather you may pray to the forum to treat the complaint as per CPA 2019 by moving an aplication in this regard.

2. You may file a rejoineder to the response of the opposite party and even can get an adjournment for this purpose if the same is not ready for submission.

3. When the evidence has not been lead by either of the parties, the question of additional evidence do not arise.

4. No. These two words are used to deal with different matters. Rejoinder is meant to be filed against the written statement or response of the opposite party and thereafter stage comes for filing the affidavit of evidence of the complainant.

5. No. However, all contents of the complaint and the supporting documents should become part of this affidavit. Chronically contents should form part of such affidavit.