Affidavit of evidence
Ravindra Niphadkar
(Querist) 22 March 2016
This query is : Resolved
1. While filing affidavit of evidence any new evidence not mentioned in original complaint can be added since it is relevant and gives appropriate answer to written statement filed by opponent.
2. In affidavit of evidence we should quote relevant sections of the act or we should include full text of the relevant provision of the act.
3. How to put forward audio recordings such as details with day, time and person making conversation and how to give copies to court and opposite party.
P. Venu
(Expert) 23 March 2016
What is the real issue?
Adv. Yogen Kakade
(Expert) 23 March 2016
Please mention the original facts of the case to guide you properly.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
Rajendra K Goyal
(Expert) 23 March 2016
Please mention the facts of the problem if any.
Ravindra Niphadkar
(Querist) 23 March 2016
My issue is not academic. The matter is in consumer court and OP has filed written statement in reply to the complaint.The issue is in written statement the OP has stated certain false statements which I would like to contest with appropriate evidence.The OP has first of denied receipt of registered letters/ notices which are 33 in numbers. The OP is a company and all letters were sent to the company,s registered addresses also to the Chief Promoters residential addresses. The OP has filed private criminal case which is prima facie false which can be easily proved in any court. This aspect I would like to put in reply with evidence in affidavvit of evidence.
The OP has violated the provisions of MOFA act i.e. maharashtra Ownership of Flats Act which was mentioned in the original complaint but relevant sections were not mentioned in original complaint which now I can mention in affidavit of evidence.
I have audio recordings of the OP i am not aware how to mention and present this evidence in affidavit of evidence.
My intention is the OP should not able to take advantage of few technicalities which will be at my disadvantage.
Glad that you have quickly responded.
Please guide me.
Devajyoti Barman
(Expert) 24 March 2016
During your affidavit in chief you can incorporate these facts along with supporting documents.
Dr J C Vashista
(Expert) 25 March 2016
1. Did you mention these averments (which you claim to be false) in your rejoinder? If so, you must include in your (complainant's) evidence;
otherwise, it would be "beyond pleadings".
2. There is no provision for cross-examination of a witness in Consumer Fora i.e., District Consumer Disputes Redressal Forum; State Consumer Disputes Redressal Commission and/or National Consumer Disputes Redressal Commission.
