THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.476/2016

Dated this the 14^th day of September 2018.

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

                          Smt.Beena Joseph, M.A                         : Member

                          Sri. Joseph Mathew, MA, LLB              : Member

ORDER

Present:  Rose Jose, Hon’ble President:

Complainant absent.  Opposite party represented.  Complainant was continuously absent for several consecutive postings for  cross examination Hence the petition is dismissed for default. Hon.SC.AIR 1999 1441. Evidence Act Sec.114 in Vidhyadhar Vs Markikrao “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 14^th day of September 2018.

                                                                                         Date of filing: 01.11.2016.

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

(Forwarded/By Order)

SENIOR SUPERINTENDENT