I have a consumer complaint wherein I have submitted some annexures (say 1-10). OP has replied with a WV and no documents. Previous hearing the judge called for my evidence. As per my last query on this forum, I prepared an IA to put additional documents (Say annex 11 ) on record, a rebuttal to OP's version but could not prepare the evidence affidavit on time. If I gave the additional documents with evidence affidavit, the OP would have objected for sure. On my turn today, I mentioned that I have an application to submit additional documents to address the objections of OP, but the judge totally ignored it and repeatedly said that evidence by the affidavit has to be filed today. And set next date for evidence without even looking at the IA. 1. What did I do wrong? 2. On Next hearing, can I take IA copies, rebuttal copies, and evidence affidavit copies and certificate 65/63 copies including all annexures from 1-11 combined? 3. What's the process of filing IA if not producing all sets on the hearing itself? Can I not do it before evidence as I tried today? 4. Instead is it better if I file evidence, attach new documents, certificate for annex 1-11 and only give IA later on if OP objects? 4. What should be in the evidence affidavit? One para each for each event and every annexure referenced I assume, and no subjective allegations, arguments or prayers or quotes from citations etc.
1. You should move the said application before the Court instead of orally mention
- You has right to file an application to file the additional evidence /documents at any stage
2. Yes
3. You can submit the said application even before the date of hearing
4. Court will not accept any additional documents with the evidence affidavit , and hence you can move an application for filing the additional documents
5. The same contents which you have mentioned in the complaint.
1. You can file the additional documents also along with the evidence. The court will first accept the documents filed originally and may accept the additional documents to be marked as exhibits or it may direct you to file a petition to receive additional documents.
2. There is no necessity for you file a rebuttal to the OP's written version. You can mention the reason for your objection to the objectionable points made by them in their written version in your evidence itself.
3. See the above answer.
4. Your understanding is right.
5. The evidence should contain your pleadings made in the complaint in the form of sworn affidavit. You cannot add any new items which were not pleaded in the original complaint, however you can make a mention about the false information furnished by the OP in his written version and cite the reasons and the documents you rely upon to nullify their false claims. You can also discuss about the documents you rely upon and refer them as exhibits from your side.
I hope it was just a misunderstanding.. since the document copies were still in printing I was only carrying the original copy set in front of the judge and only kept it in my hand. If I had handed it over to the clerk, it would have been admitted I assume. Based on your kind answer, I hope that without any date change anywhere etc., I can simply present all the IA , rebuttal, evidence affidavit referencing annex 1-11, certificate of annex 1-11 and physically hand it all to the clerk. Regarding submitting application before date of hearing, I'll ask the clerk and registrar about the process and any proof of service to OP is needed or not, or just 3 bench + 1 OP = 4 sets submission is enough. This question shows that IA is almost mandatory to be able to submit additional documents. https://www.kaanoon.com/483313/chief-affidavit-and-ia
submit affidavit of evidence
2) apply to court to permit you to place additional documents on record
3) affidavit of evidence is reiteration of facts stated in complaint
IA is necessary to be able to submit additional documents.
- In the absence of the application , court will not accept additional documents which you have not filed with the plaint/complaint.
In the event of producing additional documents other than the original list of documents, you need to file an application requesting court's permission to receive additional documents.
It is not understood that why do you insist on filing the rebuttal to his written version, it will not serve any purpose.
You should have filed the reply to his written version denying his allegations sooner you received the copy of the written version and not at the time of filing your side evidence.
You can ask the court staff about the procedures for filing the application to receive the additional documents, you may have to serve the copies to the opposite party before filing this additional documents along with a set of documents that you propose to file before court.
regarding rebuttal, there were only 4 hearings thus far: 1 for pre-filing + issue notice. 2 OP filed vakalath and judge directs OP to file WV. 3 OP filed WV and hands me a copy in the court. judge tells me to file evidence. 4 Today, I try to file IA for additional documents and fail to do so by keeping it in my hand and not having sufficient copies. Judge tells again to file evidence. rebuttal is not important I know. I'll discard it. upcoming Hearing 5: I will try to submit IA with additional documents attached, evidence adffidavit referencing annex 1-11, certificate for 1-11 and physically hand it over to the clerk. Don't want to get into notice to OP and proof of service. Thanks for your patience and guidance.
- Yes, you can file the same before registry , and can supply the copy of the same on the next date of hearing , and for saving time , you can send a copy to the OP by post.
thanks for your appreciation
Yes you can do the same
You have to serve notice to the OP whatever petition you file.
It is a mandatory requirement by provisions of law and it is not as per your will and wish.
If you have approached any legal forum seeking relief or remedy you are required to abide by the law and the procedures of law.
It was your fault for not filing the IA during previous hearing hence you cannot blame court for your fault.
You file the petition to receive additional documents during next hearing by first serving the notice to opponent and get his acknowledgement endorsed in the court copy.
Dear Client,
In consumer complaint trials, the proper way to submit additional documents after initial filing but before or with the evidence affidavit is through an interlocutory application (IA) seeking permission to admit those documents. Courts expect the IA along with relevant copies to be filed before or at the time of filing the evidence affidavit. Merely mentioning it orally during the hearing without formal filing and service may cause the judge to proceed with evidence without considering the IA. You did well to intend filing an IA separately before the evidence affidavit, but you likely erred by not formally filing it with copies and proper prayers prior to or at the hearing, so the judge could consider it. For the next hearing, it is best to bring the IA fully prepared with copies of all annexures (1-11), the evidence affidavit referencing all documents, and certificates of genuineness under Sections 65/63 of the Indian Evidence Act together. This ensures a complete record and avoids objections or delay. The common and practical approach is to file the evidence affidavit incorporating all annexures with certificates. If the opposite party objects to new documents during evidence, you can then move an IA for permission to admit them, explaining the delayed production. Courts prefer this method to keep trial on track. Your evidence affidavit should be a clear and concise sworn statement narrating facts related to your claims referencing each annexure. It should avoid subjective allegations, contentions, prayers, or legal citations, and be purely factual as it is your testimony.
Thus, the best practice is to ensure formal and timely filing of the IA and evidence affidavit with all proofs annexed, keep affidavits factual, and be prepared to move an IA if objections arise subsequently. This aligns with accepted consumer court procedures and avoids frustration on the part of the judge or delays in trial progress. I hope this answer helps. For any more queries, do not hesitate to contact us.
What went wrong: Judge ignored your IA because you didn't formally submit it to the clerk with sufficient copies.
Submit all together to clerk:
IA for additional documents (4 copies)
Evidence affidavit referencing annexures 1-11
Certificate under Sections 63/65 Evidence Act for all annexures
No need for separate rebuttal
1. Formal submission required - Must hand over to clerk, not just mention orally
2. Sufficient copies needed - 3 for bench + 1 for OP = 4 copies
3. Can be filed before hearing date - Submit 2 working days in advance with proof of service
Include:
One paragraph for each event from complaint
Reference to each annexure as exhibit
Mention false claims in OP's WV with supporting documents
Exclude:
New allegations not in original complaint
Arguments, prayers, or case citations
Additional documents allowed - Supreme Court confirms no bar on additional evidence if relevant to case. NCDRC permits additional documents if they counter false claims in WV.
Recommended approach: File everything together at next hearing - court will accept documents originally filed and may direct marking of additional documents as exhibits.
Key point: Consumer forums favor substance over technicalities - your additional documents to counter OP's false claims are likely to be accepted.
From the situation described, it seems there was no major mistake — only a procedural gap that can easily be corrected in the next hearing. In consumer proceedings, judges prefer quick disposal and may not entertain an interlocutory application (IA) unless it is filed formally with complete sets and copies.
At the last hearing, you informed the judge that you had an IA to place additional documents on record but didn’t submit it to the bench clerk because the copies weren’t ready. The judge, therefore, treated the matter as though nothing had been officially filed and directed you to file your evidence affidavit instead. In consumer forums, merely stating that you have a document or IA is not enough; it becomes part of the record only when it is formally tendered through the clerk. The issue was not with your action but with the formality of filing.
At the next hearing, you can correct this easily by filing all papers together in a complete and organized manner. Prepare four complete sets — one for the record, one for each member, and one for the opposite party. Each set should include your IA for admitting additional documents, the affidavit in support, your main evidence affidavit, your Section 65B certificate (if there are electronic documents), and all annexures from 1 to 11 properly indexed and paginated. When the matter is called, state clearly that you are filing your evidence affidavit along with the IA and supporting documents, and hand the full set to the bench clerk. Once the clerk accepts it, it will be treated as formally filed, and you can get your copy stamped for acknowledgment.
If the judge insists on filing the evidence affidavit first, that’s acceptable too. You can include all the documents (1–11) with the affidavit itself and note in one paragraph that additional documents are being placed on record with the Commission’s permission. If the opposite party later objects, you can refer to the IA already submitted and request the Commission to take the new documents on record. The Commission will decide the objection at the time of final hearing.
There is no need to serve prior notice to the opposite party before filing your IA or evidence affidavit. In consumer forums, once you file the document with the Commission and provide a copy for the opposite party, that itself counts as service. Hence, four complete sets are sufficient.
Your understanding about the structure of the evidence affidavit is correct. It should narrate facts chronologically, refer to each annexure in sequence, and avoid arguments, legal conclusions, or quotations from judgments. Each paragraph should correspond to one event or document, stating briefly what the document proves. At the end, include a statement confirming that the annexures are true copies of originals in your possession, and then sign and verify it.
To sum up, the best approach is to file all papers in proper form at the next hearing. Bring four complete sets of the IA, evidence affidavit, certificate, and annexures, and hand them formally to the clerk when the matter is called. This will regularize your record, satisfy the court’s procedural requirements, and prevent any further objections or delays.
