May 10, 2018 at 2:03 am #4714
I thank you for the help that this forum has given till now.
I am fighting the case on my own in DCDRF. Hence I need your help again.
Strange issue in Consumer Forum regarding affidavit.
I have given affidavit to the District Consumer Forum.
1st time when I gave the affidavit. It was a simple affidavit stating that whatever I have stated in my Original Complaint and the enclosures like bills, letters etc may all be considered as part of the evidence.
The assistant registrar told that this is just 2 page affidavit. Affidavits should be lengthy and then she showed old affidavits of other cases which had lengthy affidavits. Hence I tore that two page affidavit.
And wrote a lengthy one which contained the entire complaint which I gave to the forum.
Then again I took the new affidavit to the Assistant Registrar. That day the Assistant Registrar was not there and her assistant was there. She told that such long affidavit judge wont read, and he will scold her, so she told let the affidavit be short one. So again I changed the affidavit to the short version.
And finally gave it in the open court. The judge took it. But the bench clerk was telling the judge that sir it is only 2 pages affidavit. The judge did not speak. But he told OP lawyers to take the copy and sign as received. They took the copy and signed as received.
This happened 25-4-18;
Next date the OP filed their affidavit and gave a copy to me. I signed and took the affidavit. That day also Judge told to file affidavit on next date.
Now when I checked in the CONFONET again they have mentioned as
“For affidavit of complainant on 15/05/2018”
How many times do I have to give the affidavit. I already started smelling fishy. Something is not ok here.
[By the way why I took the affidavit to the assistant registrar is to get her sign on the affidavit as in the court they told no need to go to advocate, Assistant Registrar will sign on your affidavit.]
May 10, 2018 at 4:12 pm #4719
Dr. Ashok DhamijaAdvocate
Different procedures are being followed in different courts / tribunals in this regard. In some courts, almost whole plaint / complaint is reproduced in the affidavit. On the other hand, in some courts, a short affidavit is sufficient, in which instead of reproducing everything from the plaint / complaint, a reference is made to the paragraphs (such as what is stated in paragraphs 1 to 12 of the complaint are true…, etc.).
Both types of affidavits may be alright, but many of such procedures are governed by the practices followed in those courts. The lawyers also get used to them and there is a habit formation. If the registry does not find an affidavit in accordance with such habit or practice, they find it unusual and therefore object to it.
So, you’ll have to file the affidavit as per the practices followed in such court / tribunal / forum. Otherwise, you’ll have to fight with and keep explaining.
Generally, only one affidavit is to be filed for each pleading. But, if your affidavit is not found to be in the proper format, they may ask you to file another affidavit. So, act as per the guidance / requirements of the registry.
Since you are appearing in person, you are finding it odd. Lawyers regularly practicing might have already got used to such things.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.
May 11, 2018 at 8:42 am #4724
I certainly feel good that I posted the problem here.
What I finally decided to do is write a letter to the president and members of the forum. Stating what I explained in my query here.
I asked them to provide a format so that I can file my affidavit if not on basis of what I know at least on the basis of what the President of the forum wants me to. To that they told they do not have a fixed format for an affidavit. There was more argument from other bench clerks from other forums because Bangalore has 6 forums and all are housed in same building. The bench clerks were of the opinion that there is no need to file affidavit if party is appearing in person. Again there were arguments. Then the president called the assistant registrar, the bench clerk and the scrutinizing officer and asked why each of them told like this. They told that when that sahib was there it used to be like this. When this sahib was there he used to follow this. Etc. so there was utter confusion and chaos among the people assembled in the presidents room.
Finally they told they cant take my arzi.
I told write and give that cant take my arzi. So finally they gave acknowledgement of my arzi. Now what they will reply and they still did not tell whether I should file new affidavit or not. This much happened yesterday.
I put a cc to State Commission also in my arzi.
Utterly chaotic environment. Nobody agrees with nobody. All have formed their own rules which are not written anywhere. Don’t know what state commission will say.
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