HOW TO FILE WRITTEN STATEMENT 

HOW TO FILE WRITTEN STATEMENT 

In this article, I will explain how to file a written statement before the District Consumer Commission, State Commission and National Commission. I will also discuss the important point regarding what a person should do after receiving a notice from the consumer commission. Further, this article covers all important points, as mentioned hereinbelow.

IMPORTANT POINTS FOR FILING THE WRITTEN STATEMENT 

• What should Ishould I do when I receive a noticeI receive a notice from the consumerconsumer forum?forum?
• What is the time for filing the written statement before the Consumer Commission?Commission?
• How should I reply toI reply to the allegation which is mentionedis mentioned in the complaint?
• What is the important point thatpoint that should be included in the written statement?statement?
• What is the proper format of the written statement
• Can a writtena written statement be filedfiled online or offlineoffline before the Consumer Commission?Commission?
• It is mandatory to depute an advocate for filing the written statement.
• How to file the written Statement (Through online or offline)

What should Ishould I do when a notice isa notice is received from the consumerconsumer forum?

• Whenthe notice from the Consumer Forum was received,was received, the consumerconsumer read the entire notice properly and understoodunderstood who hadhad filed the complaint and on what grounds.
• CarefullyCarefully note the case numbernumber and name of the consumer forum/commission and the next date of hearing for fixing thefixing the appearance or filing the reply/written statement.
• The consumer/oppositeconsumer/opposite party findsfinds out the last date for filing the written statement,statement, as aa delay may affect your defence.
• The consumer/oppositeconsumer/opposite party goes through the complaint to understand the allegation which is mentionedis mentioned in the complaint.
• The consumer/opposite party collects your bills, invoices,invoices, agreements,agreements, emails, messages,messages, and noticesnotices or any other documents which relaterelate to the case.
• prepared the written statement as per the commission format and filedfiled the same through the online e-jagriti.gov.in along with the physicalthe physical in the commission.

Note the important point: after after receiving the notice from the Consumer Forum/Commission, act promptly, prepare your defencedefence properly, file the written statement and attend the hearings to protect your right. 

What is the time for filing the written statement before the Consumer Commission?Commission? 

• WhenWhen the opposite party receivesreceives notice from the consumer forum, the opposite party is requiredrequired to file the written statement within 30 days.
• The Consumer Forum/Commission may grant an extensionextension of up to 15 days if sufficient causecause is shown.shown.
• So therefore,So therefore, the maximum time limit for the written statement is 45 days from the date ofof the receipt of the notice.
• The time is appliedapplied for the District Commission, State Commission, and National Commission.
• The reply/written statement must be filed within the prescribed period.
• If a delaya delay beyond the permittedpermitted period is generally not condoned, then the, then the time limit is considered mandatory.mandatory.
• The written statement isstatement is supported by the relevant documents.
• The delay days usually start from the date of receipt of the notice, not from the date of filing of the complaint. 

Important Point Note:- The oppositeopposite party mustfile the writtenwritten statement within 30 days.

How should I reply toI reply to the allegation which is mentionedis mentioned in the complaint?

• The opposite party/respondent should give a clear,a clear, honest and paragraph-wise-wise reply. FirstFirst carefully read the allegationallegation made in the complaint and understand the allegation:allegation: what isbeing claimed? claimed? Each paragraphEach paragraph of the complaint should be replied toseparately. clearly stating in the reply whether the allegation is admitted, denied or requiresrequires clarification.
• The oppositeopposite party/respondentparty/respondent reply should be based on the true facts and available records. IfIf the allegation is wrong, the oppositethe opposite party clearly deniesdenies it and briefly explains whyexplains why it is incorrect. incorrect. IfIf any part of the allegation is correct, the opposite party admitsadmits it honestly but explainsexplains the full facts. AvoidAvoid the emotionalemotional or harsh language;language; the oppositethe opposite party shouldremember that the reply should be polite and professional.
• The oppositeopposite party must attachattach all supporting documents, such as bills, receipts, agreementsagreements and emails,emails, to support the reply/written statement, and the reply should be simple and factual and to the point sopoint so the consumer forum/commission can easily understandunderstand the defence of the opposite party.

What is the important point thatpoint that should be included in the written statement?statement?

• Mention the case numbernumber in the reply/writtenreply/written statement, the namethe name of the Consumer Commission and the namesthe names of the partiesparties correctly
• states the legal objection in the reply/written statement at the beginning, if applicable.
• Explain the version ofof the factsfacts in the reply in a shortin a short and clear manner.
• In the written statement, the oppositethe opposite party answersanswerseach allegation of the complaint.
• State the relevant legal points supporting the defence.
• Attached isAttached is the supporting document which relatesrelates tothe complaintcomplaint case.
• RaiseRaise the issuethe issue related to the limitation or jurisdiction, if any.
• The oppositeThe opposite party clearly state in the prayer what relief are seeking from the commission 
• A written statementA written statement is proper verification and signature of the party or advocate.

ImportantImportant point Note:- The written statementstatement should clearly reply to all allegations, explain the facts, raise objections, and request proper relief. 

It is mandatory to depute an advocate for filing the written statement.

Why is not mandatorymandatory to depute an advocate/lawyer

1. The Consumer Protection Act allowsallows the party to appear in person before the Forum/Commission.
2. The opposite party draft the writtenthe written statement themselves.
3. The consumer proceedings are simple, speedy and inexpensive.
4. There is no requirement of an advocate,an advocate, who draftsdrafts the written statement.statement.
5. There are many casesdecided on the documents and facts which a partydocuments can personallya party explain before the Commission.

Why ispersonally an advocateWhy is deputenadvocateecessary for the case?

• The consumer cases are involved legal points and the procedures.
• The advocateprocedures. now knowsadvocate how to draft the proper writtennow knows statement in the legal format.
• Thewritten advocate can raise legal objectionsThe like limitation, jurisdiction, or maintainability.
• Proper drafting of the written statement and reply helps in a strong defence and avoids mistakes.
• The advocate represents the case effectively during the hearing of the case before the forum/commission.

Important Point:- The consumer is not required to depute an advocate for filing the written statement. But appointing an advocate is highly advisable for proper legal defence and effective representation before the Consumer Commission. 

How to file the written Statement (Through online or offline) 

• In the Consumer Commission, the filing of the written statement is required both online and offline. The written statement must be filed only through the e-Jagriti portal (e-jagriti.gov.in) and also physically by submitting the original written statement before the concerned consumer commission. If online filing is not done, the consumer diary/reference number may not be allotted, so both modes of filing are mandatory.
• The parties should keep the four copies of the written statement. 2 sets of copies of the commission: one is original and another is a photocopy. One set is for the opposite party and one for the personal record and future reference. The written statement must be filed within 30 days from the date of the receipt of the order/notice.

If any person or consumer faces difficulty in filing the written statement or complaint, they may visit the YouTube channel, where the complete process is explained properly.  Click Here 

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Disclaimer

The content on e-jagriti.com is for general legal awareness and educational purposes only. It does not constitute legal advice. Readers should consult with the qualified legal professional advocate/lawyer before taking any action. e-jagriti.com is not responsible for any loss arising from the use of this information.