Evidence Affidavit for a Consumer Forum Trial (India) by OLL
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Evidence by way of Affidavit to be filed during trial in a Consumer case with Consumer Forum.
During Trial of a Consumer Complaint, Evidence by way of Affidavit describing every point of the case need to be filed with the Consumer Forum or Consumer commission under Section 17 of Consumer Protection Act.
Sample Format of Evidence by way of Affidavit to be filed in a Consumer Complaint is given below:
BEFORE THE HON'BLE CONSUMER DISPUTES REDRESSAL
FORUM, NEW DELHI
CONSUMER COMPLAINT NO. ____OF _____
IN THE MATTER OF :
______ AND ANR COMPLAINANTS
VERSUS
______________ DEVELOPERS LTD & OTHERS OPPOSITE PARTIES
EVIDENCE BY WAY OF AFFIDAVIT OF THE COMPLAINANT / PW-1 MR. _______.
IT IS MOST RESPECTFULLY SHOWETH:
I, _______________, son of Shri. ______________, aged about __ years, resident of ______, ________________, New Delhi-______, do hereby solemnly affirm and declare as under:-
1. The I am a citizen of India and residing in Delhi at _________, New Delhi-_______.
2. That I am engaged in the business of ______ in the name of ____________, Address: __________________. I have the authority to sign and verify pleadings, sign affidavits, depose and being well conversant with the facts and circumstances of the case, am competent to swear and depose this affidavit.
3. That The Opposite Party No. 1 is a Limited company engaged in construction of houses, villas, building and other infrastructure facilities in different part of India. That the Opposite Party No. 1 is in the field of the said business for the last many years and claimed to have sufficient employees and infrastructure.
4. That the Opposite Party No. 1 is having a good presence in India, with its branches spreading over major cities and towns of India. The Opposite Party No. 1 has head office at ____________. That Opposite Party No. 1 is controlled and managed by the Chairman / Managing Director/ Directors from decision making, planning to execution of all tasks.
5. That Opposite Party No. 2 i.e. the Director of Opposite Party No. 1 i.e. is the person responsible for execution of all the functions related to the business of the company. That address of Opposite Party No. 2 is _________________.
6. That Opposite Party No. 3 is another Director of Opposite Party No. 1 and deals with all the activities related to the Business of the Company. That address of the Opposite Party No. 3 is House No. _________________.
7. That Opposite Party No. 4 is also the Director of Opposite Party No. 1 and deals with all the activities related to the Business of the Company. That address of the Opposite Party No. 3 is House No. _________________.
8. That the Respondents had come up with public offer to sell Villas with independent bay view to be constructed at ____ with a construction target to be completed in 20__.
This is a preview. The full template is free on GitLaw.
This template provides a standard format for an evidence affidavit to be filed by a complainant in an Indian Consumer Forum trial. It includes structured paragraphs for detailing the facts of the case, deficiency in service, financial losses, and claims for compensation or mental agony.
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About this template
What is this template?
This is a sworn evidentiary statement used to prove facts during the trial stage of a consumer dispute. It is not the initial complaint petition or a legal notice, but a formal document to exhibit receipts and letters.
When should you use it?
Use this document when the Consumer Forum directs you to file your 'Evidence by way of Affidavit' after the written version is submitted. Use a Consumer Complaint instead if you are initiating the case for the first time.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 2 | Authority to Depose | The Complainant affirms their authority to sign pleadings and their personal knowledge of the facts as a competent witness. |
| 9 | Evidence of Transaction | The deponent introduces Exhibit CW-1/1 as proof of the advance payment and the specific booking code provided by the Opposite Party. |
| 16 | Surrender of Original Documents | The Complainant confirms handing over original receipts and provisional allotment letters to the Respondent, marked as Exhibit CW-1/2. |
| 19-20 | Notice and Non-Response | The deponent states that a legal notice was served via speed post under Exhibit CW-1/4 but received no response. |
| 25 | Claim for Interest | The deponent asserts a specific claim for interest at 24% p.a. on the booking amount for a defined period. |
| 28 | Pecuniary Jurisdiction | The Complainant declares that the total claim value is within the specific financial limits of the presiding Consumer Forum. |
Who it's for
- a consumer in India filing evidence during a trial against a real estate developer
- a complainant seeking a refund of booking amounts from a limited company in a Consumer Forum
How long it runs and how it's signed
Law it's drafted under
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