CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.113/2015

Dated this the 26^th day of June 2019.

                     (Smt. Rose Jose, B.Sc, LLB.    Hon’ble      :  President)                                 

                       Sri. Joseph Mathew, MA, LLB                  : Member 

ORDER

Present:  Rose Jose, Hon’ble President:

            Complainant absent.  Opposite party represented and submitted that complainant was continuously absent and not ready to be cross examined by them.  Hence prayed to dismiss the petition taking adverse inference.  On perusal it is found the case was posted for cross of complainant for the last 24 postings.  Hence the petition is dismissed. “Adverse Inference –Party to suit not entering the witness box-give rise to inference adverse against him”.  In this case the Hon.S.C held “Where a party to the suit does not appear into the witness box and states his own case on oath and does not  offer himself to be cross examined by the other side, a presumption would arise that the case set up by him is not correct, Hence we are of the view that an adverse inference can be taken against the petitioner that the case set up by him is not true and hence the petition is liable to be dismissed as per the decision of Hon’ble Supreme Court cited above.  In the result the petition is dismissed.

Dated this the 26^th day of June 2019

                                                                                  Date of filing: 27.02.2015.

SD/-MEMBER                                                                                  SD/-PRESIDENT                    

(Forwarded/By Order)

SENIOR SUPERINTENDENT