Hon’ble Mr.P.N.Kashalkar, Presiding Judicial Member

Heard Mr.Shashank Thatte-Advocate for the revision petitioner.

This revision petition is filed by the original complainant whose interim application presented at Exhibit A in the District Consumer Disputes Redressal Forum for sending certain documents to the Regional Laboratory, Meri Parisar, Dindori Road, Panchavati, Nasik for ascertaining the age of the ink of the writing found on certain documents and envelopes, which were allegedly sent by opponent to the complainant terminating the Agreement was rejected. 

In our view, the said application was rejected by the District Forum after hearing both the counsels against which complainant has filed this revision petition.  We are finding that the revision petitioner is trying to disprove certain documents which have been produced by the opponent in the original complaint.  Burden is on the opponent to prove the same.  But instead of permitting opponent to prove the documents he had produced, the complainant wants to preempt his attempt and hence he made the request.  District Forum did not permit him to send the documents produced by the opponent to the Regional Laboratory, Panchavati, Nasik for ascertaining the age of the ink found of certain documents/envelopes.  In our view, the party who produced the documents has to prove and establish authenticity of the documents.  Complainant is not supposed to disprove the documents being sought to be tendered by the original opponent.  In the lower forum his such exercise was rightly turned down by the impugned order passed on 10/01/2012.  Complainant has filed this revision petition just to protract the litigation.  No purpose will be served by filing such revision petition. We again reiterate that burden to prove certain facts is on the opponent.  Let the opponent prove it. Complainant cannot be permitted to disprove the documents before they are proved by the opponent.  Hence revision petition is rejected summarily. Inform the parties accordingly.  Copy of the order be sent to the District Forum, Nasik before whom the consumer complaint is pending.

Pronounced on 15^th February, 2012.