Evidence Affidavit for a Consumer Forum Trial (India)

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__.

9. That I and my wife Mrs. _____________ have booked a Villa from Opposite Party No. 1 at ____ with independent bay view and paid advance amount of Rs. ___________/- (Rupees ____________ only) on _____ vide Customer Code No. _______). Copy of the Receipt issued by Opposite Party No. 1 against payments made by us is marked as Ex. "CW-1/1".

10. That we have waited till ______________ for completion of the project and take possession of the Villa. After waiting for long period the complainants approached the Respondent to know the status of construction of the project. The Respondent expressed their inability and informed that they had failed to take necessary permission from various authorities to start the construction of Villas.

11. That we were shocked by hearing the news and understood that the Opposite Party No. 1 had accepted the booking amount without completing the necessary formalities, to cheat the customers. So the we requested the Respondent to make refund of the advance amount paid for booking Villa with independent bay view in ____. The Respondent expressed their inability to refund the amount and offered to give another villa with same specification in _____ and pressurized the complainants to arrive in compromise.

12. That since we did not have other option, we agreed to accept the offer. The Respondent had allotted Flat No. _______ admeasuring _______ sft @ Rs. _____/- per sft at Tower ____________ Project and adjusted the application money as the cost of the Flat.

13. That we have waited again till __________ for completion of construction of the newly allotted Villa. While inspecting the building the complainants noticed that the Villa being developed by M/s. _____ is not to the taste or requirement of us The Respondent had offered to construct Villa with independent bay view and the villa constructed by them was entirely different from their offer.

14. That we come to know that the Respondent No 1 has again cheated us with false promises. So the we have approached the Respondent to refund the advance amount of Rs. ___________ (Rupees ____________ only) along with interest for the default period i.e. from _____ to till date.

15. That the Respondent had agreed to make refund of the amount within six months and advised us to hand over all the original receipts, provisional allotment letter and documents to the Respondent.

16. The we have handed over all the original receipts, provisional allotment letter and documents to the Respondent and it was duly acknowledged by the Respondent vide acknowledgement dated ____. Ex.-"CW-1/2".

17. That we have waited for six months to receive refund of the application money of Rs. ________/- (Rupees _______________ only) along with interest for the default period. But the Respondent had not refunded the amount as per their promise till ______.

18. That we have again approached the Respondent to refund the amount. This time the Respondent issued a letter dated _________ assuring the complainants to refund the amount @ Rs. _________/- per month till full and final Payment. Ex.-"CW-1/3.

19. That since the Respondent failed to make refund of the amount, we served a legal notice dated ________ through our advocates M/S ____________, Advocates, vide Speed post Receipt Nos. ___________ dated ____. Ex.-"CW-1/4.

20. That the Respondents have not responded to the legal notice.

21. That it transpires that the Respondents are taking things for granted and are heedless towards their responsibilities towards the consumer. By refusing to refund the amount of application money and interest, they have shown "deficiency in services", as defined in Consumer Protection Act. We have been made to run from pillar to post for getting the needful done but all in vain. Due to this, we have suffered a great deal of unnecessary harassment and mental agony for which we deserves compensation /damages.

22. That the Respondents are liable to refund the amount of paid by the complainant along with interest. By not doing the needful, the respondents kept on unnecessarily harassing me, which amount to breach of conditions of the sale by respondents.

23. That the we have received Rs. _______/- (Rupees Eleven ___________ only) on _____ against partial settlement and repayment of Principal amount.

24. That I have suffered a great deal of harassment, mental agony and inconvenience due to indifferent and arbitrary attitude/conduct of the respondents, which is incapable of being fathomed in any monetary terms.

25. That I claim that the respondents are liable to pay interest @ 24% p.a. from ___ to ___ against money paid at the time of booking Villa.

26. That the respondents are liable to pay to the Complainant Rs.____/- for deficiency in services;

27. That the Respondents are liable to pay to the Complainant Rs._____/- for mental agony/harassment;

28. That the total amount of my claim is limited to pecuniary jurisdiction of this court.

29. That the Respondents are liable to pay to the Complainant Rs.______/- towards the cost of legal expenses;

30. That my suit is correct and the complaint bears my signature at point A. I pray that the suit may be decreed in my favour and against the respondents holding them jointly and severally liable for payment of decretal amount in terms of prayer clauses contained in the complaint.

DEPONENT

VERIFICATION
Verified at Delhi on this day of, ___ that the contents of my above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

Section 17 of the Consumer Protection Act 1986

17. Jurisdiction of the State Commission

(1) Subject to the other provisions of this Act, the State Commission shall have jurisdiction-

(a) to entertain-

(i) complaints where the value of the goods or services and compensation, if any, claimed [exceeds rupees twenty lakhs but does not exceed rupees one crore]; and

(ii) appeals against the orders of any District Forum within the State; and

(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State, where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity.

(2) A complaint shall be instituted in a State Commission within the limits of whose jurisdiction,-

(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain; or

(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided that in such case either the permission of the State Commission is given or the opposite parties who do not reside or carry on business or have a branch office or personally works for gain, as the case may be, acquiesce in such institution; or

(c) the cause of action, wholly or in part, arises.