BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD.
RP 2 of 2014 against IA 12/2013
RP 3 of 2014 against IA 11/2013
RP 4 of 2014 against IA 10/2013
in CC 12/2009, Dist. Forum, Machilipatnam
Between:
Karri Prakash
C/o. Sravan Sai Jewellery Works
Karri Prakash Sai Brothers
Stall No. 71, Pattabhi Market
Konuru Centre, Machilipatnam
Krishna Dist. *** Petitioner/
Opposite Party
And
1) T. N. Rajyalakshmi
W/o. Ramachandra Murthy
D.No. 15/176, R/o. Anandapet
Machiplipatnam
Krishna Dist.
2) T. S. Murthy (Died) *** Respondent/
Complainant
Counsel for the Appellant: M/s. Manne Hari Babu
Counsel for the Respondents: M/s. C. Raghu.
CORAM:
HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA, PRESIDENT
&
SRI S. BHUJANGA RAO, HON’BLE MEMBER
Oral Order : 11/02/2014
(Per Hon’ble Justice Gopala Krishna Tamada, President)
***
1) These Revisions are directed against the order dt. 17.7.2013 in IA Nos. 10/2013 to 12/2013 in CC No. 12/2009 on the file of Dist. Forum, Machilipatnam whereby the said petitions filed by the Opposite Party/Petitioner herein were rejected holding that the matter cannot be re-opened for the purpose of receipt of a document marked as Ex. B2 and also to examine Sri Kallepalli Venkata Nageswara Rao as a witness.
2) Having heard the submissions on behalf of the parties and also the order, in our considered view, the order impugned in these revisions cannot sustain. It is true that it is an old case of the year 2009, and the matter is posted for arguments, and that can never be a ground to reject a petition of this nature to re-open the matter. Normally, sufficient opportunity shall be given to the parties to adduce both oral and documentary evidence in disposing of the cases. As stated supra, no doubt, it is an old matter but on that ground the same cannot be rejected. Instead of dismissing the said applications, the Dist. Forum should have fixed certain terms and allowed the said applications.
3) Accordingly, the order impugned is hereby set-aside and the revisions are allowed and the Dist. Forum is directed to dispose of the IAs 10/2013 to 12/2013 and also the said CC at the earliest, preferably within a period of three months from the date of receipt of this order. As the said IAs are filed at a belated stage, the Dist. Forum is also at liberty to impose costs, and if costs so fixed by the Dist. Forum are paid, it may proceed for hearing of the said IAs.
4) Accordingly these revisions are allowed. No costs.
1) _______________________________
PRESIDENT
2) ________________________________
MEMBER
*pnr
UP LOAD – O.K.
