sadashiv (self) 08 June 2010

shud the Consumer file REJOIONDER ?

iS it necessary that the AGGRIEVED consumer

should file a REJOINDER after the filing of

WRITTEN VERSION by the RESPONDENT to the COMPLAINT ?

There is no provision of the Rejoinder in the CPA, 1986.

It is seen that the complaints get en-twined in the

rigmoral of the serpentine procedures in the

cONSUMERS FORa due to application of CPC.

1. aDM OF THE COMKPLAINT

2.wRITTEN VERSION

3.eXAMINATION OF THE 1. AND 2.

4.eVIDENCE.

Can any lawyer comment whether the 1,2,3,4 is the

procedure laid down by the CPA or not?

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2 Replies

Prakash Langalia (ADVOCATE) 08 June 2010

sadashiv,

yes, after filing of written statement by opponent it is necessary to explain all points of controversy and plea taken by the opponents. It is well known rule that both side should be given opportunity to put its propositions along with all evidence. Provisions of cpc and evidence act are not strictly applicable to tribunals, but principle thereof are applicable. without filing of rejoinder, it is dificult for forum to findout truth, hence rejoinder is necessary not as a rule of law but as a gereral rule of procedure. even in absence of such rejoinder of explaination forum can take advese inference considering all facts of the case.

Daksh (Student) 09 June 2010

Dear Sadashiv,

As it is evident from the scheme of the Consumer Protection Act it is not strictly governed through Civil Procedure Code and being a quasi judicial forum it can form its own rule.

As such in so far lodging of complaint and giving reply to the same is concerned it is all right. In so far the question of leading evidence is concerned the practice here is to resort to being cumulative not specific.

Best Regards

Daksh