• Procedure of filing counter reply and evidence affidavit in consumer commission

I have filed a consumer complaint, with 10 annexures. The OP has submitted a reply and taken preliminary objections such as calling for my permanent address proof, salary proof, education proof, employment proof and temporary address proof. It has also called for emails/ documents that I had at the time of filing but did not attach thinking they won't be needed.

The commission has called for my evidence by the way of affidavit soon. I wish to 

1. provide ID and address documents that OP called for

2. Provide older documents before complaint filing.

3. Provide new events and documents that occurred after the filing of the complaint and are material to the case.

4. Provide a rebuttal to the OP's reply and poke holes in it.

5. Add a prayer that I missed earlier, even though I made supporting arguments and alledged deficiences about it in the original complaint. I missed adding it to the prayer section of the complaint

6. provide evidence affidavit with certificate 65


how can I do the same in one hearing? 

1. I do not wish to amend the complaint since it can cause delays. Can I add extra events, annexures and prayers in evidence affidavit itself?

2. Can I given new annexures starting from annexure number 11 (10 in the original)?

3. can I file a reply with merely rebuttal and put the extra material information in evidence separately ?


This is the format I am thinking

before the consumer commission
complaint number ABC
DEF vs GHI
Reply in reply of the respondent dated xx.xx.xxxx

1. The complainant respectfully submits the following
2. That the para 1 of reply 1 of the respondent is misleading because it's not based in law. and so on
3. Thus the complainant prays the commission to entertain the complaint after finding it valid and maintainable.
attached affidavit and verification.

.....


before the consumer commission
complaint number ABC
DEF vs GHI
Evidence by the way of affidavit

1. The complainant respectfully submits the following
2. That on date xx.xx.xxxx, the respondent sent this email attached in annexure-11 (page xx).
3. That after the filing, this event happened, shown in annexure-12 (page xx).
4. Thus the complainant prays the commission to grant the prayers submitted in the complaint as well as the following:
4.a Grant this new prayer, which was substantiated in para xx, xx of the complaint.

attached affidavit and verification.
attached annexure-11, 12
attached certificate under section 65 of the evidence act
annexure-1 hash
..
annexure-12 hash
Asked 2 months ago in Consumer Law

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12 Answers

You cannot  make out a new case in your rejoinder .you cannot add prayers in affidavit of evidence 

 

2) if you want to place additional facts documents on record amendment of complaint is necessary 

 

3) your lawyer will guide you in this regard 

 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Yes you can go forward but it will be advisable to take complete drafting consultation from a lawyer for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The document which you have not filed along with the original complaint and if you wish to add them now along with your chief evidence, then you may have to file a petition to receive additional documents with an affidavit stating the reasons that why you could not file them along with the original complaint. The commission will not accept any additional documents subsequently without filing  petition and affidavit to receive additional documents and it will decide about allowing or not only after the opposite party has filed his counter objection/affidavit to it and after hearing the opposite party.

The commission will not entertain any documentary evidence pertaining the incidents/events post filing the complaint.

Besides, the opposite party has given his version denying your allegations, hence it is not necessary to give any rebuttal or counter objection to it.

If you want to add any new prayer, you cannot do it without filing an amendment petition to amend the prayer for including the newly proposed prayer to add it to the existing one. 

If you are filing any evidence pertaining to electronic media or social media posts, if court permits you then you can file a certificate along with it under section 65B of evidence act.

You can take the assistance of an experienced lawyer at least outside the commision to conduct your case as party in person properly as per the prescribed procedures of consumer law. 

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You have already filed a consumer complaint along with ten annexures. The opposite party has now submitted its reply and raised preliminary objections, such as asking for your permanent address proof, salary proof, education and employment details, and temporary address proof. It has also demanded certain emails and documents that you had at the time of filing but did not attach, as you thought they would not be needed. The Commission has now directed you to file your evidence by way of affidavit. You intend to provide the identification and address documents called for, include some earlier documents omitted at filing, bring new events and documents that have occurred after filing, file a rebuttal to the opposite party’s reply, add a prayer that was omitted from the original complaint, and file your evidence with a Section 65B certificate.

In consumer proceedings, strict civil procedure rules do not apply. The forum follows summary principles of justice, so you can add supporting evidence and clarifications during your evidence stage, provided they relate to the same cause of action. You are not changing your complaint or introducing a new claim, so there is no need for amendment. You can file your additional material through the evidence affidavit and a short rejoinder to the opposite party’s reply.

The identification and address documents, along with employment or salary proof, can be attached directly to your evidence affidavit. These are not new facts but supporting proofs to counter the objections. You may write in your affidavit that the documents are filed in compliance with the objections raised by the respondent. These can be numbered as annexures continuing from the previous sequence. For example, since you already have ten annexures, the next one will be numbered Annexure-11, and so on.

If you have documents that existed before filing but were inadvertently omitted, you may now include them in your affidavit, briefly explaining that they were available earlier but left out by oversight. Consumer forums generally permit this, as long as you are being transparent. You can mention that the documents are being filed now for completeness and clarity.

You can also include material events that occurred after filing, provided they relate to your ongoing grievance or show continuing deficiency in service. In your affidavit, mention that these events occurred subsequently but are relevant to adjudication of the case. Attach them as annexures with proper page references.

You should also file a short rejoinder to the respondent’s reply, clearly titled “Rejoinder to the Written Reply filed by the Respondent.” In this rejoinder, briefly deny and counter their objections, stating that your complaint is maintainable and that their objections are unfounded. You can specifically mention that the documentary proofs they demanded are now being filed with your evidence affidavit. At the end of the rejoinder, include an affidavit and verification.

Regarding the missed prayer, if you have already stated the supporting facts in your complaint, you may request the relief now in your evidence affidavit. You can write that the omission was inadvertent and that the relief arises from facts already pleaded. Then state the additional prayer clearly, as part of the concluding paragraph of your affidavit. Since you are not adding a new cause of action, this will not be treated as an amendment.

Your approach of continuing annexure numbering from 11 onwards is correct. Keep all annexures in order and attach a consolidated list at the end of your affidavit with page numbers. For electronic evidence such as emails or screenshots, you must attach a certificate under Section 65B of the Evidence Act. The certificate should mention that the documents are true computer outputs taken from your account or system in the ordinary course of use and meet the conditions of Section 65B. Sign and date the certificate, mentioning the source device or account.

You can file all of this together in one hearing. Submit your rejoinder to the reply and your evidence affidavit with annexures and the certificate at the same time. Tell the bench that you are submitting your evidence and rejoinder together. Consumer forums generally allow this consolidated submission.

To summarize, you can file all additional proofs, omitted documents, new events, and clarifications through your evidence affidavit. Continue the annexure numbering, include a Section 65B certificate for digital evidence, and file a short rejoinder separately to counter the opposite party’s objections. The Commission will take both on record, and this will address all pending issues without needing to amend your complaint.

Yuganshu Sharma
Advocate, Delhi
962 Answers
2 Consultations

The Consumer Commissions generally allow complainants to place additional documents on record at any stage before the arguments are concluded, provided they are relevant.

File an Interlocutory Application (IA), and in that IA,briefly explain why the documents were not filed earlier (e.g., they were not in your possession, obtained later, or needed in rebuttal to the opposite party’s reply).

Though the Consumer Commissions are not bound strictly by the CPC, principles of natural justice apply. Courts/Commissions have held that amendments to the complaint/prayer are permissible to serve the ends of justice, provided they do not change the fundamental nature of the complaint.

You can file an Application(IA) for Amendment of Complaint.

The Commission will hear objections (if any) and generally allow unless it causes serious prejudice to the opposite party.

Best to file amendments and new documents before evidence/arguments stage. Later amendments can be allowed, but the opposite party may get time to rebut.

In simple, draft an IA for amendment + IA for additional documents, file them together, pay the nominal fee (if prescribed), and serve copies to the other side. The Commission usually passes a short order allowing them.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

  1. Consumer dispute redressal authority is now a District Consumer Commission, the object is to encourage consumers to approach directly without any middleman. Therefore strict Rules of procedure  are not applied.
  2. Submit a reply affidavit additional facts and enclosing additional documents sought by O.P. As it O.P. that has sought such document, no petition is necessary to produce said documents.
  3. Don’t get bogged down in technicalities of law. A consumer is not supposed to know minute details of procedural law.
  4. If O.P. is taking frevolus objections, it only proves he has no defence on merit.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

You have to mention the  amendments desired to be carried out in paras of complaint 

 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

File an amendment application listing the new documents, post-complaint events, and missed prayers, requesting time to amend. This is the most proper and secure way—amending ensures clarity and addresses all OP objections. Attach a supporting affidavit and verification. If allowed, submit additional annexures in sequence (Annexure-11 onward). Avoid adding substantive new material only via evidence affidavit or rebuttal; seek amendment first to prevent procedural objections.

Shubham Goyal
Advocate, Delhi
2072 Answers
14 Consultations

Yes you can do the above as stated 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. First of all act as per the Order passed by the Court i.e. submit evidence under affidavit which will be as per your Complaint Petition.

 

2. After completing the same you can add the documents sought by the OP duly mentioning the same in the said Evidence,

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. If you thing that your Complaint is faulty then pray for amending it at this stage.

 

2. It will be prudent on your part to engage a local lawyer for drafting your complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You cannot add extra events, annexures and prayers in evidence affidavit , except that before filing the evidence you can file documents which you forget to file with the complaint . however you will have to move an application for the same. 

2. You can file the rebuttal of the reply of the opposite party , but cannot add extra material here as well.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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