Jharkhand

StateCommission

RP/3/2015

Dr. Vivek Madhukar - Complainant(s)

Versus

Shambhu Prasad Kesari - Opp.Party(s)

Mr. N.N. Mishra

21 Sep 2015

ORDER

JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION,RANCHI
FINAL ORDER
 
Revision Petition No. RP/3/2015
(Arisen out of Order Dated 12/09/2014 in Case No. CC/118/2011 of District Deoghar)
 
1. Dr. Vivek Madhukar
R/O- C/o Taj Medical, In Front of madarsa School, Deoghar, P.O. & P.S.- Deoghar
Deoghar
...........Appellant(s)
Versus
1. Shambhu Prasad Kesari
R/O- West Gali, Pera Gali-89, Deoghar, P.O. & P.S.- Deoghar
Deoghar
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE R.K. Merathia PRESIDENT
 HON'BLE MRS. Sumedha Tripathi MEMBER
 
For the Petitioner:
Mr. N.N. Mishra, Advocate
 
For the Respondent:
Mr. Himanshu Shekhar Pandey, Advocate
 
ORDER

21-09-2015 - Heard the parties.

  1. On being satisfied with the grounds, the delay of about 56 days in filing the Revision Petition is condoned.
  1. This Revision Petition has been filed against the order dated 12.09.2014 passed by learned District Forum, Deoghar, in CC No. 118 of 2011 accepting the prayer of the respondent – complainant and directing the O.P. – witness no. -1 (Dr. Mrs. Chandrakanti Birua) and O.P. – witness no. 2 (Dr. Anil Kumar) to appear in person for cross-examination.
  1. In the order dated 03.12.2004 passed by Hon’ble National Commission in Original Petition No. 233 of 1996 - Smt. Indrani Bhattacharjee vs. CMO Prakka Super Thermal Power, it was observed as follows:-

“Henceforth in all matters wherever there is a prayer for cross-examination of the witnesses by the learned advocates for the parties, learned advocates to produce the interrogatories on record and those interrogatories should be replied by the concerned parties on affidavit. Thereafter, the Commission would decide whether any further cross-examination on any point is necessary or not.

The State Commissions as well as District Forums instead of recording the cross-examination may follow the practice of asking the parties to give interrogatories and thereafter reply of interrogatories on affidavits should be taken on record first instead of permitting the lengthy cross-examination”.

  1.  Accordingly the impugned order set aside and the respondent – complainant is directed to file interrogatories against the evidence of the said witnesses, if any, within four weeks from the date of receipt of free copy of this order. The said witnesses are directed to file their reply on oath within four weeks of receipt of the interrogatories. Thereafter the learned District Forum will proceed in the light of the aforesaid order.

This Revision Petition is disposed of with the observation and direction aforesaid.

Issue free copy of this order to all concerned for information and needful.

Ranchi

Dated:- 21-09-2015

 

 
 
[HON'BLE MR. JUSTICE R.K. Merathia]
PRESIDENT
 
[HON'BLE MRS. Sumedha Tripathi]
MEMBER

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