rajesh reddy (software consultant) 16 April 2014

Chief affidavit

i filed a CC in a district consumer forum and i am representing myself. In the last adjournment both parties have been asked by honorable forum to file chief affidavit in the next hearing. But the complainant hasn't received the counter notice from opposite parties yet. Wondering can the honorable forum move forward with chief affidavit when the counter notice is not yet served upon the complainant.

Also can someone over here help me in understanding the difference between "chief affidavit" and "evidence on affidavit". Are both of them the same?

thanks for your time.

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3 Replies

Shivesh Sinha (Legal Adviser) 24 April 2014

Dear Mr. Rajesh Reddy,

I have perused your instant message through which you have stated the following two points :-

a) In the relevant Consumer Complaint case filed & represented by you, yourself, no written statement has been filed by the Opp. Party, though has been contesting by his appearance.

b) DCF has adjourned the proceeding with direction to both of you to submit respective Chief Affidavit.

Now, being above the state of the case; you have raised following two main query to be replied and be advised accordingly :-

a) Can DCF direct both contesting parties to submit their chief Affidavit in absence of Counter/written Version of the concerned Opp. Party?

b) Is there any difference between Chief Affidavit and Evidence on Affidavit ?

My Answers as against both above are chronologically enumerated below :-

a) Provisions laid u/s 13 (2) (b)(i) of the C.P.Act,1986 empowers DCF to proceed to settle the consumer dispute, before it on the basis of evidence brought to its notice by the Complainant and the Opposite Party if he denies or disputes the allegations of complaint.

And accordingly the learned DCF has not erred by giving such direction, even in absence of any written version, as such he has appeared in the case and by availing chance under shelter of said provisions he may deny or dispute the relevant allegations by filling his sayings on affidavit, as directed for. Of course, DCF would definitely ask him to serve a copy of his affidavit upon you prior to final hearing of the case.

b) Sec. 13 (4) (iii) of said Act,1986 defines "the reception of evidence on affidavits" and as being called at your end as Chief Affidavit means the same as defined.

Hope, the above answers would satisfy your curiosity and clarify your doubts.

You may approach directly to me for any further clarification and/or for any further assistance/advise in the matter by linking www.powertoconsumer.in - a website being launched by me to provide free legal advise/solution to any consumer related problem.

Thanks,

SHIVESH kK SINHA, Advocate Cum Legal Adviser to powertoconsumer.in