Is a rejoinder to opposite parties WNAs permissible

Dear Client,

Yes, as a complainant in a consumer case, you are generally permissible to submit a rejoinder to the Opposite Parties' Written Notes of Arguments (WNAs), despite the Code of Civil Procedure not explicitly mentioning it for arguments. This is rooted in the principles of natural justice, ensuring you have a fair opportunity to rebut new points, clarify factual inaccuracies, or address legally indefensible assertions raised by the Opposite Parties, thereby assisting the Consumer Forum/Commission in reaching a just decision.

While there's no specific CPC provision, judicial practice and the consumer-friendly nature of the Consumer Protection Act allow such submissions, often requiring you to file a concise application seeking permission to present your rejoinder, strictly limited to addressing the points raised in the WNAs without introducing new facts.

Dear Client,
The Consumer Protection Act is dedicated to provide speedy, inexpensive and simple redressal to consumer disputes and outlines its own procedures for handling complaints, which differ from the CPC. As per sub-section 9 of Section 38 of the Consumer Protection Act, 2019, the District Commission shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the matters prescribed therein. The Hon’ble Supreme Court in the case of Sovintorg (India )Ltd vs State Bank Of India, New Delhi decided on 11 August, 1999, has allowed the Consumer Forum to inculcate some provision of CPC in the interest of the principle of natural justice. So, the provision of CPC may be applied in the proceeding of consumer forum based on the justice, equity and principle of natural justice. The merit and factual matrix of each consumer dispute varies case to case and a Consumer Forum is empowered to allow or reject a rejoinder to the WNA based on the merit of rejoinder, justice, equity and principle of natural justice.