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Devender Anand (Lawyer)     09 May 2014

Evidence by way of affidavit

Dear Sirs,

I have filed a case in the District Consumer Forum, and also filed a rejoinder enclosing all the documents on which I want to rely. The rejoinder was filed along with affidavit attested by the Oath Commissioner. On the last date of hearing, the Forum refused to accept the "Evidence by way of Affidavit" as it lacked attestation by the Oath Commissioner. "Evidence by way of Affidavit" includes all those documents which I had already filed along with my rejoinder before the Forum. Now the case is fixed for arguments. My doubts are:

(i) Whether the Forum will consider all those documents which I filed along with rejoinder; and

(ii) Whether absence of "Evidence by way of Affidavit" will have any impact upon my case.

I would be grateful if, apart from above queries, you provide citation(s) of the judgements of higher courts allowing compensation on the basis of hardships suffered due to deficiency in services.

Regards

 

 

 



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 May 2014

Your evidence is must, other wise it amounts there is no complainant's evidence, which may affect your case.

Devender Anand (Lawyer)     09 May 2014

I have already enclosed all evidences at the time of filing my rejoinder. I am just seeking to know whether without filing evidences by way of affidavit will affect. If so, how much?

Daksh (Student)     16 May 2014

Dear Devender,

This is only a procedural issue there is no bar in refiling the evidence affidavit and this even can be done now.  Do the same and avoid any hardship.

Thanks and best regards

 

Daksh

Devender Anand (Lawyer)     16 May 2014

Thanks Daksh. I just wonder whether the Forum will accept my "Evidence by way of Affidavit" when the case has been scheduled for Arguments in August, and will be accepted? Regards

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