How to file Evidence in Consumer Case

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How to file Evidence in Consumer Case

(Step by Step Explain) 

In this article, We discussion how to file evidence in consumer case in simple way. The evidence is the most important part of the consumer case because the consumer commission decides the case mainly on the basis of the evidence. Many Consumer loss their cases not because they are wrong but they do not file evidence properly before the Consumer Commission on time.

In this article we explain, what is evidence, under which section evidence is filed, when the evidence is required, which party has to file the evidence and the proper format of the evidence and the complete procedure of filing evidence thought the e-jagriti.gov.in portal and physical filing in the consumer commission. We also explain/guide what mistakes consumer should avoid while drafting the evidence.

How to file Evidence in Consumer Case
Image credit © Ministry of Consumer Affairs, govt. of India. Source:- https://e-jagriti.gov.in/

What is evidence in the consumer Court ?

The evidence can be.

  • Copy of bills and invoices
  • Payment receipt.
  • warranty card
  • Bank Statement
  • Medical Report (if any)
  • Copy of the legal invoice
  • Copy of Email or screenshots of chats
  • Photographs or video.

Note:- anything that proves the complaint of the consumer is true is evidence.

Under which section the evidence is filed?

  • The evidence in consumer case filed under consumer protection Act 2019, Section 38 procedure to decide the complaint.
  • Evidence is generally filed by way of affidavit.

Note:- The consumer commission follow the simple procedure, not strict civil curt rules. 

Which party has to file the evidence?

  • The Consumer File the evidence First
  • The Consumer shall file the evidence by way of affidavit along with all documents related to the  facts of the case.

For Opposite party (Seller/Company)

  • The opposite party/respondent filed the reply (written statement) and admits or denies the allegation made by the complainant.

    For More information Click Here

Note:- Both parties must file the evidence to support their case. 

When the Evidence is filed?

The evidence is not filed immediately with the complaint.

Process to file document/reply/evidence in consumer commission 

  1. Consumer Commplaint is filed.
  2. Notice to the opposite party/respondent
  3. Opposite party/respondent file the reply (Written Statement)
  4. Consumer Commission give or direct to the opposite party to file the evidence
  5. The opposite party file the evidence by way of affidavit with all necessary documents.

Note:- Evidence is filed only when the Consumer commission directs. D not file evidence without Commission order.

 

How to file Evidence in Consumer Case
How to file Evidence in Consumer Case

Format of the Evidence filed in District Commission, State Commission and National commission. (Please change the commission name in the heading while drafting the evidence) 

BEFORE THE __________CONSUMER DISPUTE REDRESSAL COMMISSION, _________(DISTRICT NAME AND STATE NAME IN )

Consumer Case No. ______ of 2026

IN THE MATTER OF

Name of the Complainant.                                                                                …..Complainant

Versus

Name of the opposite party/respondent                                           ….. Opposite party/Respondent

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF THE OPPOSITE ______ PARTY VIDE CC NO ____ OF 2026

I________________________________Son/Daughter of ______________________________. Aged about _____years, Resident of ___________________________________________ do hereby solemnly affirm.

  1. That I am the the complainant in the preset case and the present case is filed for ______
  2. That the facts stated by my in the complaint is true and correct
  3. That the copy of documents/annexure are true and correct and continue to add facts of your case as per your disputes.

List of Document must be attached with the evidence.

  • Exhibit as annexure A- Cop of invoice
  • Exhibit as Annexure B- Copy of payment receipts.
  • Exhibit as Annexure C- Copy of Email conversation.

DEPONENT 

VERIFICATION

I, the above named deponent, doe hereby verify that the contents of the above affidavit from paragraph No. 1 ______ to _____ are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.

Verified at _______on this day of ______________ 2026

DEPONENT

Note:- Please do not draft in hurry. The Consumer should read all the points carefully before drafting the evidence and then start to draft as per the prescribed format. The Consumer must place all the true and relevant documents along with the evidence, because the evidence in the consumer case is the backbone of the case. 

(write the place and dated correctly, sign and verification personally and evidence must be notarized)

See this PDF format of the Evidence before drafting and filing. Click Here 

 

How to file  evidence through the e-jagriti.gov.in Portal. (Step by step Explain)

  • The consumer should visit e-jagriti.gov.in
  • Login with the registered mobile number and email ID
  • Go to the my case dashboard.
  • Click on Reply/Reply
  • Enter your case number (As NC/FA/000/2026) and search
  • Upload your PDF document seperatly like (Index, copy of Evidence with affidavit, and annexure)
  • Preview all documents after uploading and check correctly upload.
  • Submit the evidence/application
  • Save the generated Diary Number

Note:-  File size and clarity of the document very important and after filing online consumer must be submit the original copy before the consumer commission. It is mandatory to file physically in the Registry of the Consumer Commission.

 

How Many Copies of the evidence are required to submit in the registry before the commission. 

Normally 4 Copy is required

  • 2 copy of the commission
  • 1 Copy for the opposite party
  • 1 Copy for yourself.

Note: parties can asked the registry to avoid shortage of copies. 

How to file Evidence in Consumer Case
Image credit © Ministry of Consumer Affairs, govt. of India. Source:- https://e-jagriti.gov.in/

 

How to file evidence online in the category of interlocutory Application (IA) before filing. Please check and go through the procedures Click Here 

Important Point must be remembered while drafting the evidence. 

  • For complainant. The evidence must match your complaint.
  • Do not add the new facts and not mention earlier.
  • The documents must be clear and readable if Dim then type copy of the annexures/document place with the evidence.
  • Mention exhibit numbers of the annxures/document correctly in the evidence

The Consumer should avoid the common mistakes. 

  • Evidence filed without court direction.
  • Uploading unclear or incomplete documents
  • not notarizing the affidavit.
  • Missing physical filing after online filing
  • submitting false or unrelated documents
  • Forgetting to give the copies to the opposite party
  • Late filing without the delay application.
The Evidence is the backbone of the consumer case. Filing the evidence properly. on time and in the correct format ca decide the success of your case. The parties always follow the direction of the commission and use e-jagriti.gov.in Portal carefully and complete physical filing as required. Avoid the common mistakes to prevent delay of dismissed  of your case.

For More updates Visit Home. Click Here 

Disclaimer

The information provide in this article is for general awareness only and does not constitute legal advice. Readers are advice to consult an advocate or verify from the official source/website acting on this information. .

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