1. Yes

2. Yes, 

3. An affidavit is mandatory with the Application 

4. You can book a call from this website 

Here are answers to your queries based on the Consumer Protection Act, 2019 and general procedural rules of district consumer forums in India:

1) Can I file additional documents (which are not mentioned in the complaint) along with the Chief Affidavit (CA) of the complainant?

Yes, you can file additional documents along with the Chief Affidavit, especially if they are relevant to counter the written version (WV) of the opposite parties (OPs) or strengthen your case. However, since these documents were not part of your original complaint, the opposite party may object to their inclusion, and the court may require you to file an Interlocutory Application (IA) seeking permission to submit these additional documents.

2) Do I have to submit an IA for filing additional documents along with the CA of the complainant?

Yes, since these documents were not initially filed with the complaint, it is advisable to file an IA requesting permissionto submit the additional documents. The IA should clearly state:

• Why these documents were not filed earlier
• 
  Why they are relevant now (for example, to counter false claims in the OPs' WV)
• How they will help in the just adjudication of the case

Since the staff has indicated that an IA is required, it is best to file one to ensure that your additional documents are officially taken on record.

3) If I have to submit IA for submitting additional documents along with CA, do I have to file an additional affidavit in support of this IA?

Yes, you should file an affidavit in support of the IA, affirming that:

• The additional documents are relevant and necessary.
• They were not filed earlier due to specific reasons.
• The IA is filed in good faith and not to delay proceedings.

The affidavit should be on stamp paper and notarized, as required by consumer forum procedural rules.

4) You want to hire a lawyer to assist you with all queries and guide you through the case.

Since your case is already complex and you are facing procedural difficulties, it is strongly recommended to hire a consumer law expert. A lawyer can:

• 
  Ensure all legal formalities are met, avoiding unnecessary procedural delays.
• 
  Draft the IA correctly so your additional documents are accepted.
• 
  Cross-examine OPs' witnesses effectively and present counterarguments in a structured manner.
• 
  Avoid procedural mistakes, such as improper filing of pleadings.

If you want assistance in finding a lawyer, I can help you draft a professional request for legal assistance or guide you on how to choose the right lawyer for your case.

Would you like me to help you draft the Interlocutory Application (IA) for submitting additional documents, or assist in finding a lawyer?

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

You have filed a consumer complaint  in District Consumer Commission against O.P. for medical negligence. O.P. has filed his WV and after receiving it you realized that you need to file certain new documents by of proof. Rules of procedure  under Civil Procedure Code, 1908 the  are not strictly applicable to complaint  under Consumer Protection Act, 2019.

1. You can file additional documents with your CA enclosing copies for O.P.
2. No need to submit any I.A.
3. No need to file I.A. and no need to file any affidavit.
4. There are many good Advocates in Kaveli.
5. You can very much file a rejoinder to the WV, there is no any bar against such rejoinder.
6. If the District Consumer Commission insists on filing I.A. for additional documents, you can file such I.A. stating that WV filed compelled to seek filing of additional documents.

You cannot make out a new case now 

2) affidavit of evidence is basically reiteration of your complaint t 

3) I presume said documents are not mentioned in your list of documents submitted with complaint 

4) if it is medical literature you can submit additional documents along with application together with an affidavit 

5) engage a lawyer to appear on your behalf 

The chief affidavit and documents already filed before court will remain in the court and will be taken by court at the time of recording the chief affidavit by making you to step into the witness box and swearing before court in this regard.

As far as marking of the additional documents as exhibits from your side, you have to file a petition under Order VII Rule 14(3) CPC, along with an affidavit giving reasons to file the additional documents, if the court is convinced and if the documents submitted are original, then the court may allow you to mark those documents as exhibits from your side while deposing evidence 

You can file the same with evidence if thee is a relevance and averments in your complaint about the same. If you file any new document then opponent will take objection about the same 

DEAR SIR/MADAM,

Under provisions of law, you can submit additional documents and well as affidaivt to establish your case. You are suggested to do a good draftig and submit the same before your evidence. You can file an application to submit addional documents. 

1. Can I file additional documents with the Chief Affidavit (CA)?

   • 
     Yes, but an IA is required since they were not part of the complaint.

2. Do I need to submit an IA for additional documents?

   • 
     Yes, court permission is needed to accept them.

3. Do I need an affidavit with the IA?

   • 
     Yes, explaining relevance and why they were not filed earlier.

Next Steps:

• 
  File an IA with an affidavit to formally accept the additional documents.
• Ensure compliance before the Feb 13 CA filing date.
  

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Dear Client,

As you have filed a case of medical negligence before the district consumer forum without a lawyer, it is important to manage the procedural issues of filing additional documents with the Chief Affidavit (CA), whetheran Interim Application (IA) has to be filed or not, and whether or not alawyer needs to be hired. You can file additional documents with your Chief Affidavit, provided they are in supportof your allegations, of your case, and against the Written Version (WV) of Opposite Parties (OPs). Since these documents are not part of the initialcomplaint, the consumer forum may require a formal application for filingadditional documents. So, it is advisable to file an Interim Application (IA) for leave to file additional documents, as advised by the staff ofthe higher court. Along with this IA, you must file a supporting affidavit justifying why these documents were not filed originally, why they are necessary for a fair trial, and how they counter the WV of OPs or strengthen your case. As the CA and additional documents were filed on Dec 7 but not formally marked, filing an IA along with an affidavit will formally makethem part of the case record. Due toprocedural intricacies and possibleobjections by OPs' lawyers, engaging a consumer protection and medical negligence lawyer is highly advisableat this stage. A lawyer will helpprepare and file the IA, ensure the CA and additional documents are formally part of the record, rebut any procedural objections, and guide you through further hearings and filing of evidence. You can appoint a lawyer either locally in your district consumer forum or online through legal service websites if physical meetings are not feasible. You need to file the IA infuture promptly to prevent delays, track the status of OPs' IA, and makepreparations for the Feb 13 CA filing date so that your affidavit is suitablymarked and accepted by the court. These legal measures will protect your case and avoid procedural technicalities against your claims.

If you have already submitted chief affidavit in court you would not be permitted to withdraw the same and submit fresh affidavit in chief 

2) you can submit a supplementary affidavit in evidence with court permission 

You can’t remove Any documents filed but can add the same 

✅ Yes, you can submit a new Chief Affidavit (CA), but you must file an IA (Interlocutory Application) requesting court permission.

Steps to Follow:

1️⃣ File an IA requesting substitution of the earlier CA with a revised one.
2️⃣ State clear reasons (better formatting, removal of one document, addition of crucial medical literature).
3️⃣ Attach an Affidavit explaining why the new CA should be accepted.
4️⃣ Serve a copy to the Opposite Party (OP) for fairness.

🚨 Act before Feb 13 to avoid procedural delays.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

- Since, the said Chief Affidavit filed by you already in the record of Court then it cannot be changed legally. 

- However, you can move an application for the modification of the said Affidavit on your given grounds. 

You can generally file an "eschew" petition to request the court to disregard your original chief affidavit and accept a fresh one in its place, provided you have a valid reason for doing so, and ideally, before the start of evidence in the case; however, the court will carefully scrutinize the grounds for such a request and may not always grant it, especially if the other party could be prejudiced by the change. 

Provided there are significant factual errors or inconsistencies in the original affidavit that need correction.

Or if information came to light after filing the original affidavit that significantly impacts the case.

Minor errors in typing or formatting can be grounds for an eschew petition. 

The court will evaluate the reasons for your request and consider whether allowing the change would unfairly disadvantage the other party. 

Depending on the circumstances, the court may allow you to file a fresh affidavit with conditions, such as allowing the opposing party time to review and respond. 

It's crucial to file the eschew petition well before the start of evidence to avoid disrupting the proceedings.

Yes, you can file an Interlocutory Application (IA) before the court seeking permission to submit a fresh Chief Affidavit in place of the previously submitted one. Since the existing affidavit has not yet been marked as evidence and a copy has not been served to the opposite party, the court may allow its replacement, provided there is a valid justification.

In your IA, you should clearly state the reasons for submitting the new affidavit, such as the need for better articulation, exclusion of an irrelevant document, and inclusion of a crucial piece of medical literature. The court's discretion will play a key role in granting this request, and it is advisable to cite fairness and completeness of evidence as grounds for seeking permission. Ensure that your IA is well-drafted and includes a prayer explicitly requesting the court to permit the withdrawal of the old affidavit and acceptance of the new one.

DEAR SIR,

As suggested earlier, you are suggestted to file fresh /additional chief affidavit along with an IA to take off the record the previous affidavit/document and take on the record. Don't forget to insist that the same is not going to change the status of the case.