When a consumer complaint is filed before a consumer commission and notice is issued to the opposite party, the opposite party (respondent) must file a written statement in response to the complaint. This article explains what a written statement is, how it is structured, and the important rules that apply to filing one in consumer court proceedings.
What is a Written Statement?
A written statement is the formal reply filed by the opposite party (respondent) in response to the consumer complaint. It is the respondent’s opportunity to present their version of the facts, deny the allegations made by the complainant, and raise any legal defences available to them. The written statement forms the basis of the respondent’s defence throughout the proceedings.
Time Limit for Filing Written Statement
Under the Consumer Protection Act 2019, the opposite party is required to file the written statement within 30 days from the date of receipt of notice. The commission may extend this period by a further period not exceeding 15 days in exceptional circumstances. Beyond 45 days, the commission may proceed without the written statement and decide the case on the basis of the complainant’s evidence alone.
Structure of a Written Statement
A written statement in a consumer case typically contains the following sections:
- Preliminary Objections: Legal objections such as lack of jurisdiction, time-bar (limitation), maintainability of the complaint, and similar preliminary issues.
- Reply on Merits: A para-wise reply to each paragraph of the complaint — admitting what is correct, denying what is incorrect, and explaining what requires clarification.
- Supporting Documents: All documents that support the respondent’s version of events, exhibited with proper numbers.
- Relief Sought: A prayer requesting the commission to dismiss the complaint.
- Affidavit: A verification affidavit confirming that the contents of the written statement are true to the respondent’s knowledge.
Important Rules for Written Statement
- Every allegation in the complaint that is not specifically denied in the written statement may be treated as admitted by the commission.
- New facts or defences not raised in the written statement generally cannot be introduced at a later stage.
- The affidavit must be properly notarised before filing.
- Physical copies must be filed even if the case was e-filed on the portal.
Disclaimer: This article is for general legal awareness and educational purposes only. It does not constitute legal advice. Please consult a qualified advocate for specific legal matters. e-jagriti.com/ is not affiliated with the official government portal e-jagriti.gov.in.