How to request missing documents in a consumer court case?
In my medical negligence case before the Consumer Court against a hospital, the opposite parties have failed to provide several important documents in their response. How can I request those missing documents? Is there a specific format? Should it be a separate request or included in my evidence affidavit? As the next stage is for me to submit my evidence, can I state that I cannot submit evidence until the OPs provide the missing documents? Or should I proceed with my evidence and highlight the missing ones? Also, since their written statement contains incorrect statements, do I need to refute each one specifically in my evidence?
Dear Client, you should file a separate application before the Consumer Court seeking directions to the hospital to provide the missing documents by relying on Section 38(9) of the Consumer Protection Act, 2019. Do submit the evidence affidavit on time and mention that certain documents have not been submitted by the hospital. Please proceed with the evidence already presented and highlight the missing records needed. You should also contest the important incorrect statements made, but you do not need to respond to every minor allegation. Please do not hesitate to reach out in case of any further clarifications. Thank you.
You can file a separate application seeking direction to the hospital to produce missing documents. Don’t mix it with your evidence affidavit, just mention the request there. Proceed with your evidence if required, noting withheld documents. Specifically deny false statements in the opposite party’s reply to avoid deemed admissions.For further legal assistance contact us on our helpline number.
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