Consumer Law | Evidence

Evidence Affidavit in Consumer Complaint

Updated format of evidence by way of affidavit for a complainant before a District, State or National Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019.

Important legal update: The Consumer Protection Act, 1986 has been replaced by the Consumer Protection Act, 2019. The earlier reference to "Section 17" of the 1986 Act is therefore no longer the correct legal basis for filing evidence by affidavit in a current consumer complaint.

Current evidence provision Section 38(6) of the Consumer Protection Act, 2019 provides that a consumer complaint is to be heard on affidavit and documentary evidence placed on record.

State Commission cases Section 49 makes the complaint procedure in Sections 35 to 40 applicable, with necessary modifications, to the State Commission.

National Commission cases Section 59 similarly applies the relevant complaint procedure to original complaints before the National Commission.

Current law on evidence in Consumer Commission proceedings

Under the Consumer Protection Act, 2019, consumer adjudication is intended to be comparatively summary and document-based. Section 38 governs the procedure after admission of a complaint before the District Commission and specifically provides for hearing on the basis of affidavit and documentary evidence. The procedural framework is supplemented by the Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020 and the Consumer Protection (Consumer Commission Procedure) Regulations, 2020.

The affidavit should therefore prove the material facts already pleaded in the complaint, identify and authenticate the documents relied upon, explain any later developments such as partial payments or subsequent correspondence, and avoid introducing unsupported allegations that are outside the pleadings.

Which Consumer Commission has pecuniary jurisdiction?

Under the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021, pecuniary jurisdiction is presently determined by the value of the goods or services paid as consideration: District Commission up to ₹50 lakh; State Commission above ₹50 lakh and up to ₹2 crore; and National Commission above ₹2 crore.

Do not use the old 1986 Act limits. The earlier page reproduced the former Section 17 limits based on the value of goods/services plus compensation claimed. Those limits are obsolete for current complaints under the 2019 Act and 2021 Jurisdiction Rules.

Updated Evidence by Way of Affidavit Format

The factual clauses below retain the useful builder/refund structure of the earlier specimen, but use current Consumer Commission terminology and remove obsolete statutory references. Adapt every paragraph to the actual pleadings and documents in the case.

BEFORE THE HON'BLE DISTRICT / STATE / NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION AT ____________

CONSUMER COMPLAINT NO. ____ OF 20____

IN THE MATTER OF:

________________________________________
Complainant(s)

VERSUS

________________________________________
Opposite Party/Parties

EVIDENCE BY WAY OF AFFIDAVIT OF THE COMPLAINANT / CW-1

I, ____________________________, son/daughter/spouse of ____________________________, aged about ____ years, resident of ____________________________________________________________, do hereby solemnly affirm and state as follows:

1. I am the complainant / authorised representative of the complainant in the above consumer complaint. I am well acquainted with the facts and records of the case and am competent to swear this affidavit.

2. I reaffirm the material facts stated in the consumer complaint to the extent they are within my knowledge and supported by the documents placed on record.

3. Opposite Party No. 1 is ________________________________________, engaged in construction / development / sale / service activity, having its office at ________________________________________________.

4. Opposite Party Nos. ____, if any, are impleaded in the capacities and for the reasons specifically stated in the complaint. No personal liability is asserted merely because a person holds an office in a company unless the pleaded facts and applicable law support such liability.

5. On ____________, I/we booked a villa / flat / service / product described as ________________________________________________ and paid ₹____________. The payment receipt / booking document is exhibited as Ex. CW-1/1.

6. The Opposite Party represented that the project/service would be completed or delivered by ____________, subject to the contractual terms recorded in ________________________________________________.

7. Despite expiry of the represented/contractual period, the promised delivery or service was not provided in accordance with the agreement. The material correspondence evidencing the delay is collectively exhibited as Ex. CW-1/2.

8. On making enquiries, I/we were informed that ____________________________________________________________. The relevant communication, if any, is exhibited as Ex. CW-1/3.

9. I/we requested refund / possession / completion / rectification on ____________. The request and proof of transmission are exhibited as Ex. CW-1/4.

10. The Opposite Party thereafter offered alternative allotment / revised delivery / refund schedule / settlement on the terms stated in ________________________________________________.

11. I/we accepted / did not accept that proposal for the reasons stated in the complaint. Where an alternative allotment was accepted, its particulars were ________________________________________________.

12. The alternative arrangement also failed / was not performed in the agreed manner because ____________________________________________________________.

13. I/we thereafter demanded refund of ₹____________ together with such interest and other relief as may be legally permissible.

14. The Opposite Party acknowledged / did not dispute the refund or liability by communication dated ____________, exhibited as Ex. CW-1/5.

15. Original receipts / allotment documents were handed over to the Opposite Party on ____________, if applicable. The acknowledgement is exhibited as Ex. CW-1/6.

16. The Opposite Party agreed to make payment/refund within ____________, but failed to perform that assurance within the agreed period.

17. A further letter/email dated ____________ proposed payment of ₹____________ per month / another payment schedule. A copy is exhibited as Ex. CW-1/7.

18. A legal notice / demand communication dated ____________ was sent through registered post / speed post / email / other permitted mode. The notice and proof of service/transmission are exhibited as Ex. CW-1/8.

19. The Opposite Party replied / failed to reply to the said notice. The reply, if any, is exhibited as Ex. CW-1/9.

20. The acts and omissions described above amount to the deficiency in service / unfair trade practice / other consumer wrong specifically pleaded in the complaint, subject to determination by this Hon'ble Commission.

21. As a result of the above conduct, I/we suffered the financial loss, inconvenience and other consequences pleaded in the complaint.

22. The amount presently claimed by way of refund or monetary relief is ₹____________, after giving credit for every payment or partial refund received.

23. I/we received ₹____________ on ____________ towards partial payment/refund, which has been duly accounted for in the claim.

24. Interest, if claimed, is sought at the rate and for the period stated in the complaint, or at such reasonable rate as this Hon'ble Commission may determine in accordance with law and the facts of the case.

25. Compensation for proven loss, harassment or inconvenience and litigation costs are claimed only to the extent pleaded and legally permissible.

26. The value of the goods/services paid as consideration for determining pecuniary jurisdiction is ₹____________. This Hon'ble Commission has pecuniary jurisdiction under the Consumer Protection Act, 2019 read with the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021.

27. This Hon'ble Commission has territorial jurisdiction for the reasons pleaded in the complaint, including residence/business of the opposite party / cause of action / complainant's residence or work, as applicable.

28. The complaint was filed within the limitation prescribed by Section 69 of the Consumer Protection Act, 2019 / was accompanied by an application seeking condonation of delay on sufficient cause.

29. The documents referred to in this affidavit are true copies of the documents in my possession/control or were obtained from the sources stated in the complaint. Electronic records are relied upon subject to the evidentiary requirements applicable to such records.

30. I respectfully pray that the complaint be allowed in terms of its prayer clause and that such relief under Section 39 of the Consumer Protection Act, 2019 as is justified by the pleadings and evidence be granted.

DEPONENT

VERIFICATION

Verified at ____________ on this ____ day of ____________, 20__, that the contents of paragraphs 1 to ____ are true and correct to my knowledge, those based on records are believed to be true on the basis of those records, and nothing material has been concealed.

DEPONENT

Documents commonly referred to in the evidence affidavit

Booking/application form, invoice, purchase agreement or service contract.
Receipts, bank statements or other proof of payment.
Allotment letter, possession schedule, specifications or representations relied upon.
Emails, letters, messages and other correspondence proving delay, deficiency or admission.
Refund requests and any written settlement/refund promise.
Legal notice and proof of service, where a notice was issued.
Proof of partial payment/refund received after filing.
Electronic-record compliance material where screenshots, emails, digital records or electronic communications are relied upon.

Drafting notes for consumer evidence

An evidence affidavit should correspond closely to the complaint and the defence. It should prove facts rather than merely repeat legal conclusions. Every exhibit should be consistently numbered, legible and traceable to the paragraph that relies on it.

Avoid automatic allegations of fraud or cheating. A consumer dispute over delay, refund or deficient service does not by itself establish criminal fraud. Use such allegations only where specifically pleaded and supported by facts and evidence.

Procedure before Consumer Commissions

The Consumer Protection (Consumer Commission Procedure) Regulations, 2020 regulate practice before Consumer Commissions. Local filing directions and bench orders may require pagination, indexing, affidavit formats, electronic filing conventions or document-upload standards in addition to the statutory requirements.

For current online filing and case management, the Government's e-Jagriti platform has subsumed the earlier e-Daakhil, OCMS, CMS and Confonet applications from 1 January 2025. Parties should use the current platform and follow the filing directions displayed for the relevant Commission.

Official consumer-law resources

Key updates made to the old format

The obsolete Section 17 of the Consumer Protection Act, 1986 and its old ₹20 lakh-₹1 crore State Commission limits have been removed. The revised page uses the Consumer Protection Act, 2019, Section 38 affidavit procedure, Sections 49 and 59 for State/National Commission procedure, current 2021 pecuniary-jurisdiction rules, current Commission terminology, e-Jagriti, neutral placeholders instead of a fixed New Delhi forum, and a more precise evidentiary structure.