BEFORE THE HON'BLE CONSUMER DISPUTES REDRESSAL FORUM NEW DELHI
COMPLAINT NO._____ OF 20__
IN THE MATTER OF:
________________
………………..complainant
VERSUS
_______DEVELOPERS LTD & OTHERS
…………………… Opposite party
AFFIDAVIT
I, Mrs _______________, wife of Shri _______________, aged about ___ years, residing at ___________________________________, New Delhi - _____, do hereby solemnly affirm and declare as follows:
That I am one of the complainants in the present matter and am fully familiar with the facts and circumstances relating to this complaint and am duly competent to swear to this affidavit.
That I have perused and understood the contents of the complaint filed on my behalf, and I state that the statements made therein are true and correct to the best of my personal knowledge, and the submissions made therein are true and correct based on legal advice, which I believe to be accurate.
DEPONENT
VERIFICATION
I, the deponent named above, hereby verify that the statements made in this affidavit are true and correct to my personal knowledge and that nothing material has been concealed or misstated therein.
Verified at ______________ on this _________ day of ________, 20.
DEPONENT
When is it mandatory?
Attaching an affidavit is a necessary requirement when filing a consumer complaint before the District/State/National Consumer Disputes Redressal Commission.
- From the Commission's end, the complainant must attach an affidavit because the Commission accepts only facts verified on oath by the complainant.
- Example: If filing a complaint against a builder for delayed possession or a company for a defective product, one must attach an affidavit stating that the complainant's contents are true.
Why is it required?
1. Authenticity – that you are not bringing a false or frivolous case.
2. Accountability – your liability is established for false facts as stated in the affidavit.
3. Legal Necessity – the affidavit is compulsory according to Sections 38(6) and 38(9) of the Consumer Protection Act, 2019 and rules framed under it.
Who Can File It?
1. Consumer (complainant).
2. In the case of a joint complainant, he/she may have to swear the affidavit on behalf of all.
3. It is also open to legal representatives to file the affidavit (such as a legal heir in the case of a deceased consumer).
Stepwise Approach:
1. Draft the Complaint – Consumer Complaint according to Section 35 of CPA, 2019 with details like: Name and address of parties, Facts of the case, Relief claimed (refund, compensation, replacement, etc.).
2. Drafting the Affidavit – Declare you are the complainant, the facts are true, and verification with date/place.
3. Notarisation – Sign before an Oath Commissioner / Notary / Judicial Magistrate.
4. Filing – Complaint + Affidavit + documents to the Commission.
Documents to be produced:
1. Consumer complaint (main petition).
2. Affidavit supporting the complaint.
3. Proof of transaction – bills, invoices, receipts.
4. Correspondence with the opposite party – email, letter and notice.
5. Proof of deficiency – photographs, expert reports, service records, etc.
6. Identify the proof of address of the complainant (Aadhaar, PAN, etc.).
7. Vakalatnama/authorisation letter if a lawyer or 3rd party is filing.
8. Court fee (demand draft/online payment) – based on the value of goods/services + compensation claimed.
In short: The affidavit is your sworn statement saying, "Yes, my complaint is genuine." Without it, your consumer case is incomplete and may be rejected at the filing stage itself.
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