Sh. S.M. Joshi, Advocate is present on behalf of the revisionist.

The opposite party – Sh. Shiv Shankar is present in person.

Heard.

This revision petition has been preferred against the order dated 04.04.2018 passed by the District Forum, Udham Singh Nagar in consumer complaint No. 09 of 2017, whereby the District Forum has rejected the adjournment application moved by the revisionist and opportunity of filing additional / remaining evidence by the revisionist was closed and 11.04.2018 was fixed for arguments in the consumer complaint.

The perusal of subsequent order dated 11.04.2018 passed by the District Forum shows that an application was moved on behalf of the revisionist for taking on record the affidavit of Dr. Vipin Bihari Mishra filed by the revisionist in remaining evidence, but the application was rejected on the ground that the District Forum has no power to recall its order.

It is a settled law that both the parties should be granted sufficient / reasonable opportunity of filing evidence in support of their respective claims.  The order dated 11.04.2018 shows that the revisionist has not delayed the matter and has submitted the affidavit dated 06.04.2018 of Dr. Vipin Bihari Mishra, in remaining evidence along with the application dated 11.04.2018.  In the application dated 11.04.2018 moved by the revisionist before the District Forum, it was stated that the affidavit of witness could not be filed on 04.04.2018 on account of the reason that the witness was busy in departmental meeting on 02.04.2018 and 03.04.2018.

In view of the above situation and there being no malafide on the part of the revisionist and keeping in view the fact that the revisionist was prevented by sufficient cause from filing the remaining evidence before the District Forum on the date fixed, in order to meet the ends of justice, the order impugned passed by the District Forum need to be set aside and the revision petition deserves to be allowed.  However, the opposite party – complainant need to be compensated by way of costs.

Revision Petition is allowed on payment of costs of     Rs. 2,000/- (Rupees Two Thousand only) to be paid by the revisionist to the opposite party.  Order impugned dated 04.04.2018 passed by the District Forum is set aside.  Upon payment of costs, the District Forum shall take on record the affidavit dated 06.04.2018 of Dr. Vipin Bihari Mishra filed by the revisionist in remaining evidence, which was sought to be admitted on record by the revisionist through application dated 11.04.2018 and thereafter the District Forum shall decide the consumer complaint on merits at the earliest.  The opposite party – complainant would be at liberty to file rebuttal, if any, to the affidavit dated 06.04.2018 of Dr. Vipin Bihari Mishra.  The parties are directed to appear before the District Forum on 20.10.2018, the date fixed in the consumer complaint.