Bihar

StateCommission

RP/18/2016

Kamal Deo Thakur - Complainant(s)

Versus

Roshan Paswan & Others - Opp.Party(s)

Adv. Kamal Deo Thakur

28 Mar 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
BIHAR, PATNA
FINAL ORDER
 
Revision Petition No. RP/18/2016
(Arisen out of Order Dated in Case No. of District )
 
1. Kamal Deo Thakur
Kamal Deo Thakur, aged about 76 years, son of late Braj Bhushan Thakur, Mohalla- Belbagh at Bettiah, PS- Bettiah Mufassil, Dist- West Champaran
...........Appellant(s)
Versus
1. Roshan Paswan & Others
Roshan Paswan, Presently Assistant, Copying Section, Civil Court, Rosera, Dist- Samastipur
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shailesh Kumar Sinha PRESIDENT
 HON'BLE MR. Upendra Jha MEMBER
 HON'BLE MRS. Renu Sinha MEMBER
 
For the Petitioner:
For the Respondent:
Dated : 28 Mar 2017
Final Order / Judgement

ORDER

Date of order:   28-04-2017

Upendra Jha, Member       

1.                    This Revision is preferred against the order dated 14-10-2016 passed by the District Consumer Forum, West Champaran, Bettiah in Complaint Case No. 62 of 2014 by which the District Forum refused to allow the Petition dated 22-06-2016 and 20-08-16 for cross-examination.

2.                      Briefly stated the case is that the  complainant filed a complaint on 12-08-2014,it was admitted by order dated 23-09-2014.It is  alleged by the complainant that very high charges was realized for  obtaining the certified copies from the Opposite-parties in T.S. NO. 65/2011 and T.S. No. 64/02 pending before the Rosera Civil Court. Being aggrieved, the Petitioner served legal notice to the O.Ps.-respondents and then, he filed complaint before the District Forum, Bettiah. The O.Ps.- respondents did not file written statement but a preliminary objections was filed on  affidavit. The complaint was admitted on 23-09-2014 and it was observed that both sides would be given opportunity to lead evidences, at the time of final decision, jurisdiction matter will be decided. The respondent declined for cross-examination. The Petitioner filed two separate Petitions dated 22-06-2016 and 20-08-2016 for cross-examination which was not allowed by the District Forum against which this Revision is preferred.

3.                          Respective written notes of arguments have been filed by the parties. Heard and perused the District Forum order.

4.                          Having considered the submissions of parties and on perusal of the order passed by the District Forum, it appears that the District Forum has rightly refused to allow the Petitions for cross-examination when the complaint is still pending for further hearing we do not find any reason to take a different view in this matter. Hence, the Revision id dismissed.

 

 

 

S.K.Sinha                        Renu Sinha                             Upendra Jha                       

President                          Member (F)                             Member (M)

 

 

                     

 

 

           Anita                                                                                                                                                           

 
 
[HON'BLE MR. JUSTICE Shailesh Kumar Sinha]
PRESIDENT
 
[HON'BLE MR. Upendra Jha]
MEMBER
 
[HON'BLE MRS. Renu Sinha]
MEMBER

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