Lacuna left in complaint drafting leads to failure

Even in meritorious case

Drafting Consumer Complaint is an art. The fact that consumer do not need to appoint an advocate does not mean complaint can be drafted in any manner without following the basic principles of law. Since Consumer Commissions follow summery procedure and detailed CPC rules are not applicable, it becomes more important for the consumers to give their best to commission through shorter route.

But this is not the scenario in the consumer Commissions. There are many mistakes consumer makes and at times Commissions try to cover up and take things on record even if not submitted at appropriate time and stage but it is not always possible to make up. If opposite party objects to different route other than prescribed Commissions cannot help the consumers.

A few points are elaborated here just to understand where things go wrong  

1.      Consumer when appears in person, prepares complaint with half fact. After written statement is submitted by opposite party, complainant brings another fact and document with replication and thinks he has supplemented the material which was left in the complaint.

As per procedure the basic complaint or petition must incorporate all relevant facts in chronological order with supportive documents and that is the base which is considered as grievance of complainant. When opposite party files written statement, nothing more can be added to the complaint because opposite party has replied to the complaint and has availed the opportunity to defend grievance against him. Anything added further will not form the part of complaint. Replication is a stage when complainant can at the best say something on written statement filed by the opposite party. It may be again emphasising the version in the complaint or reiterating the facts elaborated in the complaint or saying denial by the opposite party is wrong. Sometimes for the purpose of reiterating his stand complainant can file some document which supports the basic complaint only and not the new thing or anything beyond complaint.

Document or fact given at this stage if not relevant are not considered while making order.

2.      In some cases all required documents or some documents are not filed with the complaint. That affects a lot to the case because opposite party replies to those facts and documents which are given to him for reply. If some documents are filed later, he is not given opportunity to admit or deny the fact with document after the stage is over. Opposite party may object to filing document and even if it is taken by the commission, may not be considered taken on record. Facts without support of document is not established fact and hence at the stage of observation made by the court to the entire case, commission may find facts not proved with cogent evidence.

3.      Sometimes complainant is not having document /money receipt which is the proof of purchase and leaves it to the court to consider his version without it. Consumer can file secondary evidence if can. For example if furniture shop gives him visiting card with noting received Rs 5000/- balance at the time of delivery ,this document serves the purpose and consumer must avail this opportunity .Bare fact without evidence of purchase will fail the case

4.      At times some relevant document is not available at this moment but complainant can produce it at later stage. In such a situation complainant should make a separate application along with complaint that a particular document which he has mentioned in the complaint is right now not available but trying to obtain it and the court may kindly allow to submit the same at later stage . By doing so complainant reserves the right to produce the document before pleadings are completed.  

5.      In some cases important documents required for the case are reasonably in the custody of opposite party such as treatment record of the hospital, administrative approval for construction with builder or any other documents pertaining to contract of service with opposite party. Complainant can always make a separate application to the commission for direction to the opposite party to produce the same before he court so that complaint is complete in all respects

6.      In some matters expert opinion about defect in vehicle, defect in construction of building, expert medical opinion, expert forensic report for handwriting checking or lab report for food item. In case complainant is unable to manage these reports on his own, may request the court to get reports from the appropriate authority in the case. There is a specific method to get above said reports from various authorities which commissions are empowered to get.

7.      Some documents can be furnished by both the parties along with affidavit which is evidence in order to support the version of complaint as well as written statement

8.      At the time of arguments, both the parties can submit relevant case law in support of their case and can file written arguments also.

9.      This is to remember that complain should be precise, with facts and supportive documents. It should not go on explaining contents of the documents in detail or law or judgments applicable.

Above are a few points to be remembered by the litigants which will be a great help to the consumer commissions also in disposing off cases effectively and speedily

 

 

Dr Prem Lata

Ex –Judge, Consumer Commission

Consultant (Legal )IIPA 

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