Why should I bear the cost of filing the appeals - where there are un-necessary papers filed and admitted in the court

In case of consumer complaints in consumer forums, in most of the cases there should be no need for lengthy procedures of replication, afidavits, written arguments etc.

In a recent complaint to the Consumer Forum I opened the complaint saying that there is no dispute with the opposite party and hence there is no need for affidavit, replication and written arguments. In case the court holds the view that it is necessary then an order to that effect should be passed so that I can prefer an appeal against the order.

4 dates were still there. The OP was asked to file the affidavit, written arguments etc.

Now look at what happened -

Written Statement - There were 7 pages in the written statement including 2 pages of affidavit. There are 8 preliminary objections. All of these are as it is taken from earlier written statements. There is no application of mind while writing these preliminary objections. The objections are - clean hands, supresso veri, abuse of process of law, clean hands (2 times), there are disputed questions of facts which involve detailed evidence, no deficiency of service, one objection relates to the issue before the forum which is dealt with later also. Then Written Statement goes on to deny the facts alleged in the complaint.

The consumer forum notes in its order that there are disputes on the facts of the case.

Affidavit - That is still the funnier part of the entire matter. Since there are no disputes on the facts of the case the same were not required. Now coming to contents of the affidavit - all the preliminary objections are taken in affidavit. The guidelines of IRDA are referred to in affidavit. Affidavit verified based on personal knowledge. And nothing material concealed. The guidelines of IRDA are concealed and they were material at least as per the claim of OP.

Written Arguments - The preliminary objections repeated without any explanation.

No one can stop laughing at the preliminary objection without any explanation in this part.

The other things in written arguments is repetition of the facts which are admitted by OP.

Some thing needs to be done.

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