Consumer Protection Act - New Documents & Facts at Appeal stage
In the Consumer District Forum complainant’s case was that in 2010 the Credit Card Company started asking an X amount (70,000) due on the Card. The customer was sure that there is no amount due on the card after 2007, & therefore demanded the statement from the Company so that he can know how the amount is due and wrote to the Company to provide the statement and take whatever charges are applicable. The Company did not provide the statement but sent an offer saying that it is willing to settle the amount at Rs 15,000/- The customer’s stand was that he wanted to know first of all how the amount is due , the question of settling comes thereafter! The company did not make any disclosure! The customer approached the District Forum for harassment. The District forum however dismissed the consumer’s complaint and held that the company has a right to demand its due. Aggrieved by the Forum’s order, the consumer made an appeal in the State commission! The appeal is admitted.
On the admission of the Consumer’s appeal, after the service of notice, the company sends a bundle of statements from 2006 onwards to the consumer (Something which it had denied all through). On a perusal the consumer notes that the amount is shown as due because the company failed to write of the full amount after a settlement arrived at between the consumer and the company in 2007.
My Query:
1. Can the consumer bring this fact to the Notice of the State Forum since the statements are received after filing of the appeal in the State Commission?
2. Can the appeal be amended in the light of this new development so that the record can be set straight before the commission? If yes what is the procedure to do that (i.e.) to amend the appeal!
3. Can the consumer bring on record before the commission, these statements & the letter of 2007 settlement held by him, which the company has failed to take into account and hence it is continuously adding to the dues! If yes what is the procedure to do that (i.e.) to bring on record these documents!
