Date of filing: 04.06.2018 Date of disposal: 09.08.2018
Complainant: Sri Subodh Kumar Mondal, S/o. Late Sunil Kumar Mondal, having address at Rajganj Mansatala, Nutanganj, PS: & Dist: Burdwan, PIN – 713 102.
Opposite Party: 1. Muthoot Finance Limited to be represented by the Branch Manager, having office at 1st Floor, 75, G. T. Road, Opp. Town Hall, PS. & Dist: Burdwan, PIN – 713 101.
2. Managing Director of Muthoot Finance Limited, having head office at Muthoot Chambers, Opp. Saritha Theatre Complex, Banerji Road, Ernakulam – 682 018.
Present : Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member : Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Deb Krishna Sinha.
Appeared for the Opposite Partys: Ld. Advocate, Saurav Kumar Mitra.
Order No. 21, Dated: 09.08.2018
This order is arising out of the M.A. being No. 33/2018 filed by the complainant in the Consumer Complaint No. 221/2016 with a prayer to direct the OPs to produce the original documents for the purpose of comparing and verifying the signature of the complainant appearing in those documents.
It is stated by the complainant that the complainant is very much confident that the signatures appearing on the Xerox documents filed by the OPs are not genuine. Those signatures appearing in the Xerox copies are to be compared with original signatures. For such comparison of signatures the original documents needs production and as such the OPs be directed to produce all the original documents connected with the present case, otherwise the complainant will not be able to prove his case and payer is made to direct the OPs to produce the original documents for the purpose of comparing and verifying the signature of the complainant appearing in those documents.
The ld. Counsel for the OP is present and raises objection against such application.
It is seen from records that the OPs has filed some documents in support of its case. The complainant has also received the said documents from the OPs and after inspecting those documents, he raises such objection regarding the signatures of the complainant. We are of the opinion that for proper adjudication of this complaint, verification of those documents is necessary and for such verification original documents are very much necessary, otherwise the matter will not be resolved.
Under such circumstances, we are of the opinion that the M.A. filed by the complainant should be allowed.
Hence, it is
O r d e r e d
that the M.A. being No. 33/2018 be and the same is allowed on contest against the Ops without any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Jayanti Maitra (Ray) DCDRF, Burdwan
President
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan