How many times to file affidavit in Consumer Court?

[Dr. Ashok Dhamija]

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. List of his YouTube Videos.

[Consumer Complainant]

Respected Sir

Thank you.

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.

[Author]

Posts