Madhya Pradesh

StateCommission

RP/16/126

NATRAJ COLD STORAGE - Complainant(s)

Versus

MAHESH - Opp.Party(s)

SH. L.C.KUSHWAHA

16 Jan 2019

ORDER

16.1.2019                  Shri Satish Sharma, learned counsel for the applicant.

                        2.         Inspite of issuance of notice to the respondent no one is appearing for the respondent.

                        3.         Heard.

                        4.         By filing this revision petition the applicant has challenged the order dated 26.7.2016 passed by the District Consumer Disputes Redressal Forum, Bench No.2, Indore (for short the “Forum”) in CC No.756/2010 whereby the applicant / opposite party’s affidavit and additional documents have been refused to be taken on record.

                        5.         Having gone through the impugned order we find that the learned Forum has refused to take on record the

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affidavit and documents on the ground that the same have been filed belatedly at the final hearing stage.

 

                        6.         It is not in dispute that the affidavit and the documents were filed by the applicant / opposite party are in support of its defence which has already been taken by the opposite party in the reply to the complaint.  In the circumstances in order to substantiate the said defence, if affidavit and documents have been filed by the applicant / opposite party the same ought to have been taken on record.  If the Forum was of the view that the affidavit and the documents have been filed at belated stage the Forum could have imposed reasonable cost for the same.  Having not done so in our considered view the Forum has committed error apparent on the face of record which deserves to be corrected. 

                        7.         As a result, we set-aside the impugned order subject to opposite party paying / depositing  cost of Rs.2,000/- within one month payable to the respondent.

                        8.         Parties to appear before the Forum on 4.2.2019.

                        9.         The revision petition is disposed of accordingly.

                       

                      (Justice Shantanu S. Kemkar)                       (Dr.Monika Malik)        

           ^{PRESIDENT                                                                    MEMBER}