THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.414/2016

Dated this the 30^th day of November, 2017

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

                                                                        Smt.Beena Joseph, M.A                    :  Member

                                                                        Sri. Joseph Mathew, M.A., L.L.B.     :  Member

ORDER

Present: Rose Jose, President:

Complainant absent. Opposite party represented. Complainant was continuously absent and not appeared for cross examination by the opposite party. Opposite party prays to dismiss the petition for default, that after filing affidavit the case was posted for cross examination but petitioner was continuously absent. Due to his absence they lost their chance to prove their case by cross examining the petitioner. As per Section 114III(g) of Evidence Act “if a party abstains from entering the witness box an adverse inference would arise against him. Where a party doesn’t appear in the witness box and state 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 the petition is dismissed for default.   

Dated this the 30^th day of November, 2017

Date of filing: 20/09/2016

SD/- MEMBER                         SD/- PRESIDENT               SD/- MEMBER

 (Forwarded/By Order)

SENIOR SUPERINTENDENT