Consumer: contradiction in reply and affidavit filed by opposite party
Guest
(Querist) 18 August 2011
This query is : Resolved
What objections can be raised against a Opposite Party (a multinational company) in a consumer court, for raising new issues under Affidvit, though not raised under Written Statement.
Further, some false statements were also submitted under Written Statement and they have now corrected few statements under Affidavit ?
And otherwise also they have been writing contradictory to what exists as evidence in the form of email communication. What are the remedies ?
Thanks in anticiaption !
adv. rajeev ( rajoo )
(Expert) 18 August 2011
If co., has not taken any contentions in the objections then they cannot go beyond itz pleadings.
Advocate Bhartesh goyal
(Expert) 18 August 2011
File rejoinder and answer the new facts mentioned by opposite party in their written statement and affidavit.
Raj Kumar Makkad
(Expert) 18 August 2011
You have opportunity to rebut all corrections, contradictions, pleadings, versions put forth by respondent. Now you by way of your affidavit go minutely on each and every point and submit your version parawise in a simple language with citations.
Guest
(Querist) 18 August 2011
Thanks everyone for the useful information. But as the complainant have to file affidavit before the Respondent, that stage is done!
Now it's written arguments stage, i.e. we have no opportunity to provide further evidence under Affidavit. Therefore, we are replying to all the points under Written Arguments with supporting documents. But can we still object that OP's Affidavit must have contained, what was argued in the Written Statement only ?
ajay sethi
(Expert) 18 August 2011
yes . in affidavit of evidence new case cannot be made out . written statement forms basis of defence raised by respondent
Guest
(Querist) 18 August 2011
Thanks a lot :)
