West Bengal

StateCommission

RC/86/2009

Mr.Mahatab Alam Khan. - Complainant(s)

Versus

Dr. Gopinath Roy. - Opp.Party(s)

Mr. H. Brahmachari.

27 Aug 2009

ORDER


STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGALBHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
REVISION PETITION NO. 86 of 2009
1. Mr.Mahatab Alam Khan.57/1, Mackenji Road. PO. Kamarhatty, PS. Belghoria, Kolkata- 700058.West Bengal ...........Appellant(s)

Vs.
1. Dr. Gopinath Roy.Narayanpur, PO. Rajarhat Gopalpur, Kolkata- 700136.West Bengal2. Bhattacharya Orthopaedics & Related Research Centre (P) Ltd.Narayanpur, PO. Rajarhat Gopalpur, Kolkata-700136.West Bengal ...........Respondent(s)


For the Appellant :Mr. H. Brahmachari., Advocate for
For the Respondent :

Dated : 27 Aug 2009
ORDER

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No. 1/27.08.2009.

 

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

 

Revision Petitioner through Mr. H. Bramhachari, the Ld. Advocate is present.  The only contention of the Mr. Bramhachar, the Ld. Advocate for the Revisionist is that the date has been fixed for cross-examining the O.P. on Commission and, therefore, the expenditure for such commission is to be paid by the said O.P. and not by the Complainant.  On perusal of the order No. 74 dated 10.07.2009 it does not appear that the Forum has directed the Complainant to deposit the cost of Rs. 500/- being cost of cross-examination of the O.P.  Ordinarily the cost is to be paid by a party asking for commission and there is no reason of thinking that the order impugned has been passed directing the Complainant to deposit.  Specific direction has been given in the said order as the duty of the Complainant to file the writ.   In the circumstances we are of the opinion that the said order does not direct to the Complainant to pay the cost of Commission and ordinarily it is for the O.P. concerned to deposit the same unless specific direction to the contrary given by the Forum below.   We do not find any ground for interference and the revision is dismissed with above clarification.

 


MRS. SILPI MAJUMDER, MemberHON'BLE JUSTICE ALOKE CHAKRABARTI, PRESIDENT ,