How Important Is Evidence For NCDRC And SCDRC Cases?

Answer:

Evidence plays extremely crucial role in consumer cases heard by NCDRC or SCDRC. Consumer laws are drafted keeping consumers interest in mind. But consumer will fail to get relief if consumer is unable to prove transaction took place, service was deficient, opposite party adopted unfair trade practice towards consumer, what loss consumer suffered and what relief consumer is demanding from consumer forum. Incomplete documents or disorderly documents can cause genuine consumer grievances to fail.

Consumer forums decide cases on the basis of pleadings made in complaints, documents attached as annexures, evidence affidavits filed along with complaint, expert opinion if required, correspondence between parties, agreement, payment receipts, photographs of deficient service or defective goods, consumer complaints or notices given to opposite party and any other reliable material furnished while filing consumer complaint.

Builder matter needs builder-buyer agreement, allotment letter, payment receipts, demand letters if any, possession letters from builder, written communication for cancellation of agreement or emails probing for delay compensation, brochure of project, photographs showing substandard building quality and emailed correspondence with builder.

Insurance matter evidence includes copy of policy document, claim form submitted to insurance company, survey report, repudiation letter received from insurance company, medical records if insurance claim was related to health insurance, repair bills if insurance claim was related to damaged property, receipt if insurance claim was related to vehicle and correspondence with insurance company.

Banking dispute evidence includes bank account statements, if claim was related to wrongful loan closure by bank proof of loan closure, CIBIL report if consumer suffered due to wrong bank charges affecting CIBIL score, emails sent to bank, written complaint acknowledgment numbers if any, complaint copy sent to RBI against bank.

Evidence should tell the story. Sequence of documents should be maintained while attaching them as annexures with complaint. If complaint states builder didn’t give possession on promised date, builder-buyer agreement and promised date of possession should be attached along with complaint. If complaint is about wrongful debit by bank from consumers account, copy of account statement showing wrongful debit and correspondence with bank about stopping further debit should be attached.

Lawyer BK Singh and LEGAL365 emphasizes heavily on evidence mapping. Evidence mapping means connecting every important statement in complaint with document that will support the said statement. This gives clarity to consumer complaint and reduces chances of weak presentation. In consumer law litigation, solid evidence differentiates between serious consumer complaint and random consumer harassment complaint.