Saturday, 12 April 2025

Consumer Protection Act, 1986 — Pleading and Evidence — Rejoinder — A respondent/complainant cannot introduce new factual evidence, such as a surveyor's report assessing quantum of loss

 UNITED INDIA INSURANCE CO. LTD. AND ANOTHER

Vs.

M/S. PARK LEATHER INDUSTRIES LTD.

( Before : Sanjay Kumar and Augustine George Masih, JJ. )

Civil Appeal No. 913 of 2023

Decided on : 07-04-2025

Consumer Protection Act, 1986 — Pleading and Evidence — Rejoinder — A respondent/complainant cannot introduce new factual evidence, such as a surveyor's report assessing quantum of loss, for the first time in a rejoinder and expect the opposing party (appellant/opposite party) to have denied it in their earlier written statement/reply — The adjudicatory body cannot base its findings on the premise that the opposing party failed to deny evidence that was not before it when its pleadings were filed.