KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

REVISION PETITION No. 59/2023

ORDER DATED: 15.10.2024

(Against the Order in I.A. 314/23 in C.C. 115/19 of DCDRC, Palakkad)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR           : PRESIDENT

SRI. AJITH KUMAR D.                                                                 : JUDICIAL MEMBER

SRI. RADHAKRISHNAN K.R.                                                     : MEMBER

REVISION PETITIONER:

M.A. Parameswaran, residing at Angadi, Mangalamkunnu P.O., Kattukalam, Ottapalam Taluk, Palakkad-679 514.

(By Adv. Pramod Kumar G.S.& Priya Pillai)

RESPONDENTS:

1. K.C. Chandrasekharan, Hove Park, 17/57, Kothagiri, Neelagiri District, Pin-643 217.

2. K.C. Sreenivasan, Club Road, Kothagiri, Neelagiri District, Pin-643 217.

3. V.P. Shaji, VPN Depot, Kothagiri Ramachand, Neelagiri District, Pin-643 217.

ORDER

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR  : PRESIDENT

The revision petitioner is the opposite party in C.C. No. 115/2019 on the files of the District Consumer Disputes Redressal Commission, Palakkad (“the District Commission” for short). 

2.  The revision petitioner filed I.A. No. 314/2023 before the District Commission praying for permitting the revision petitioner to cross examine the respondent. The said application was dismissed by the District Commission, against which this revision petition has been filed.

3.  Heard.  Perused the records.

4.  The District Commission dismissed the application stating that it was a belated application.  It appears from the records that the cross examination of the revision petitioner on behalf of the respondents was already over.  The allegation is that the respondent/complainant was not cross examined.  The revision petitioner would contend that there are material contradictions in the complaint and the affidavit filed by the respondent/complainant and hence it is necessary to cross examine the respondent to unveil the truth.  It appears from the records that the evidence is not yet closed.  In view of the above, we are of the view that it would be just and proper to grant an opportunity to the revision petitioner to cross examine the respondent, to secure the ends of justice and accordingly, we order so. 

In the result, this revision petition stands allowed, the order dated 23.06.2023 of the District Commission in I.A. No. 314/2023 stands set aside and the revision petitioner is permitted to cross examine the respondent, allowing I.A. No. 314/2023.  This being a case of the year 2019, the District Commission is directed to dispose of the case as expeditiously as possible, and at any rate, within three months from the date of receipt of this order.  The office will send back the LCR as early as possible.

JUSTICE B. SUDHEENDRA KUMAR: PRESIDENT

                                                                  AJITH KUMAR D. : JUDICIAL MEMBER

                                                                        RADHAKRISHNAN K.R.  : MEMBER

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