PER JUSTICE R.C. JAIN, PRESIDING MEMBER (ORAL)

          Order dated 19.12.2007 passed by the State Consumer Disputes Redressal Commission, UT Chandigarh in appeal No. 856 of 2007 is under challenge in these proceedings.  From a reading of the impugned order, it appears that along with the Memorandum of Appeal, the appellant (petitioner herein) had moved an application seeking permission to lead additional evidence i.e. four documents Exhibit A-1 to A-4.  The prayer was declined by the State Commission by observing as under:

          “This is an application by way of additional evidence vide which the appellants want to produce on file documents Exhibit A-1 to Exhibit A-4.  These are the documents of the year 1997.  It is not the case that these documents have come into existence afterwards and were not existing earlier when the complaint was pending in the District Consumer Forum.  Simply the appellants cannot be allowed to lead additional evidence on the ground that there was communication gap.  A valuable right has accrued to the respondent and there is no justification to allow the additional evidence, hence, the application of leading additional evidence is dismissed.”

2.      We have heard the counsel for the parties.  Counsel for the petitioner contends that the production of the documents as sought for before the State Commission is necessary for just and proper adjudication of the controversy between the parties and has a great bearing in the matter.  On the other hand counsel submits that the State Commission has rightly rejected the application for production of additional documents because if the documents were within the possession and power of the petitioner, they should have produced the same before the District Forum.

3.      Having considered the matter, we are of the view that the appeal being in continuation of the trial and if the documents were so necessary for just and proper adjudication of the controversy, the State Commission should have exercised its judicial discretion in allowing the application rather than dismissing the same.

4.      For the above stated reasons, we allow the revision petition and consequently permit the petitioner to file the documents Exhibit A-1 to Exhibit A-4 sought to be filed, which will be subject to cost of
Rs. 10,000/-, out of which Rs. 5,000/- shall be paid to the respondent and the balance Rs. 5,000/- shall be deposited in the Consumer Legal-Aid-Account of this Commission within a period of two weeks.  The production of the documents before the State Commission in appeal shall be subject to the right of the respondent-complainant to lead any evidence in rebuttal to the said documents.

5.      The revision petition is disposed of in the above terms.  Parties are directed to appear before the State Commission on 28.09.2012.  We request the State Commission to dispose of the appeal as expeditiously as it may be practicable.