While counter affidavits are permissible in consumer disputes, additional documents not filed with the original complaint or defense cannot be admitted via a rejoinder to prevent delays, although parties may apply for additional evidence as per law.

O R D E R

The following order of the Bench was delivered by Hon’ble Member, Dr. Monika Malik.

This order will govern disposal of all 9 revision petitions mentioned above, as common question of facts and law are involved in the matter. However, for the sake of convenience facts are taken from revision petition No. 35/2025, unless otherwise stated.

By this revision petition, the complainant/petitioner, is assailing interim order dated 25.4.2025, passed by the District Consumer Disputes Redressal Commission, Gwalior (for short ‘District Commission’), in complaint case No. 175/2023, by which the District Commission has refused to take on record the rejoinder/affidavit filed by the complainant to the reply filed by the opposite party No.1/National Insurance Company Ltd. (hereinafter referred to as ‘Insurance Company’) to the complaint, on the ground that the complainant has narrated such facts and filed such documents, which were originally not there in the complaint. It is further observed by the District Commission that under the Consumer Protection Act, the complainant is required to submit relevant evidence along with the complaint itself and the complainant in the instant matter has also failed to provide satisfactory explanation, as to why said documents could not be filed along with the complaint.

Heard. Perused the record.

Learned counsel for complainant/petitioner argued that the counter affidavit filed by the complainant was only accompanied with insurance policies of previous years, since there was denial from the Insurance Company in its reply regarding issuance of policies from the Insurance Company, in favour of complainant/petitioner’s father. Since those documents were required to be brought in the notice of the District Commission, they were filed. The District Commisson has, therefore, committed gross error in disallowing the counter affidavit, accompanied with relevant documents to be taken on record. He, therefore, prayed that the impugned order be set aside and the complainant/petitioner be provided with an opportunity as discussed above and this revision petition be allowed.

Learned counsel for the Insurance Company supported the impugned order and argued that it is a settled principle of law that to avoid delay in disposal of complaints, the complaint as well as defense version should be accompanied by the documents, upon which parties intend to rely. Since the counter affidavit was accompanied with the documents, which were not filed earlier, the District Commisson has rightly disallowed them to be taken on record. He prayed that the revision petition, which is without any merit, be dismissed.

Undisputedly, a counter affidavit is usually filed in reply to the reply/affidavit filed by the opposite party. The complainant can file counter affidavit in response to an affidavit submitted by the opposite party. The Consumer Protection Act is a beneficiary legislation for protection of interest of the consumers and it has empowered the Commissions constituted under the Act to give relief to the consumers. Therefore, in this view of the matter the counter affidavit filed by the complainant/petitioner deserves to be taken on record. However, Hon’ble Supreme Court in the case of Dr. J.J. Merchant and Ors. vs. Shrinath Chaturvedi , delivered on 12th August, 2002, has observed and directed that for avoiding the delay in disposal of complaints within prescribed period, the complaint as well as defense version should be accompanied by the documents and affidavits upon which parties intend to rely on.

Therefore, in view of the aforesaid, the accompanied documents, which are filed by the complainant cannot be taken on record. The complainant/petitioner is however, at liberty, as may be available to him, in accordance with law, for filing such additional evidence, supported with appropriate application, if need arises.

With the aforesaid observations and directions, this