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sudershan tingni   23 October 2021

Evidence by way of affidavit

Sir, I filed a complaint with District Consumer Redressal Commission Gurgaon for refund of service charges. Respondent did not attend nor filed any reply.  I filed Evidence by way of Affidavit for Ex party decision. Now respondent has filed aginst my complaint and judge wants me to submit Evidence.

Query: Do I ve to repeat earlier Evidence and then followed parawise response to Respondent by way of Evidence?

sudershan



 5 Replies

Advocate Bhartesh goyal (advocate)     23 October 2021

Yes,you have to file again affidavit  of evidence not only in support of your complaint but also in rebuttal of opposite parties statement.

Pradipta Nath (Advocate)     24 October 2021

Your query is not clear as was there any petition filed for exparte hearing or you proactively filed evidence? However in case the OP appears, you need to follow the due purpose of hearings.

Dr J C Vashista (Lawyer)     24 October 2021

The reply of opposite party has to be considered i.e., whether OP has admitted averments / claim or not ? If admitted it do not require to repeat affidavit in evidence.

P. Venu (Advocate)     24 October 2021

You need to file a modified affidavit taking into consideration the averments in the reply filed by the OP.

sudershan tingni   25 October 2021

Dear  Sir , I filed complaint against Shine.com - an online job site claiming refund of my payment for which I did not avail of their service as deal was cancelled instantly on payment.  Consumer forum sent them notice but they did not reply, nor appeared in consumer forum.  Mr. Judge asked me to submit Evidence by way of Affidavit so that Ex-parte decision can be taken.  It was file by me in Jan., 2021 but no judgement was delivered.  In Augu the OP sent a request to revert ex-parte decision as they could not reply due to Lockdown. They were allowed the same.  Now they have filed a reply against my complaint and Mr. Judge wants me to submit an Evidence.

 

My query is - should I repeat the entire Evidence submitted in Jan., 021 and followed by parawise reply to Respondent letter and that too in form of Evidence or should I refer my earlier Evidence and enclose a copy thereof with 2nd EVidence. Shoulde I mark it as 2nd Evidence


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