Today is fixed for hearing of the M.A. case. Complainant side is found ready. O.p. nos.1 & 2 are also found ready through their Ld Lawyer. O.p. nos.1 & 2 have contested this M.A. case by filing W/O.
Heard the argument highlighted by Ld. Advocate for the complainant side and Ld. Lawyer of the O.p. nos.1 & 2.
It is the main point of contention of the argument of the complainant side that there is necessity of making cross-examination of the O.ps. at witness box. It is also pointed out by the Ld. Advocate for the complainant side that according to the judgment of the Hon’ble Apex Court passed in J.J. Marchants case and in view of the decision passed by Hon’ble National Commission in Dr. Swaroop Gopal vs Goli Venkateshwar Rao and Others. There is sufficient scope for examining the witness on the witness box.
On the other hand it is the submission and point on contention of the Ld. Advocates of O.p. nos.1 & 2 that according to the case of Smt. Indrani Bhattarcharjee vs CMO Prakka Super Thermal Power of Hon’ble National Commission there is no scope in the cross-examination of the witness/O.ps. on the witness box. It is also pointed out that the complainant can file questionnaire and the O.ps. as witnesses of this case can also give reply of such questionnaire but without following that system the complainant just to delay the disposal of the case is filed above noted application. For all these reason Ld. Advocate of the O.p. nos.1 & 2 prayed before this District Commission for rejecting the above noted petition.
For the purpose of arriving at just and proper decision in respect of the above noted issue this District Commission after perusal of the application filed by the complainant side and also examining written objection alongwith annexed judgment find that in the case of J.J. Marchants Hon’ble Apex Court has been pleased to observe that there is scope for cross-examination of the witnesses at the witness box. Similarly in the case of Dr. Swaroop Gopal vs Goli Venkateshwar Rao and Others Hon’ble National Commission has also been pleased to grant permission for cross-examination of the witnesses in the witness box.
Considering all the above noted factors this District Commission is of the view that the prayer of the complainant for cross-examination of the O.ps. at the witnesses box can be allowed. Although there is no infrastructure in the D.C.D.R.C., Howrah.
In the result,
it is accordingly,
o r d e r e d
that the petition filed by the complainant for cross-examination of the witnesses of the O.ps. at the witness box is allowed on contest but at the cost of Rs.5,000/- which is to be deposited in the Consumer Legal Aid Account of D.C.D.R.C., Howrah and also with the contention that the complainant side shall submit the questionnaire which to be put to the O.ps. at the time of cross-examination at witness box before this District Commission in sealed envelope before this District Commission on the date of cross-examination of the witnesses and also with the contention that the complainant shall bear the cost of cross-examination of the witnesses.
O.ps. are directed to submit the approximate cost of witnesses before the D.C.D.R.C., Howrah within next date.
Fix 05.12.2023 for payment of cost and cross-examination of the O.ps. at the witness box.
In the light of the observation made above this M.A. case No.MA/51/2023 be and the same is disposed of on contest.
Dictated & corrected by me.
President
