Hon’ble Mr. Kamal De, Presiding Member
Order No. : 02
Date : 23.02.2022
Parties are present through their respective Ld. Lawyers.
IA/3/2022 is taken up for hearing.
In filing the IA it is stated that respondent is a person of 70 years of age and suffering from rare disease of blood infection and could not file the questionnaire on the last date fixed and as such date of filing evidence by the OP is closed.
It is stated that the respondent lost the opportunity to cross-examine/controvert the evidence of the complainant by filing questionnaire. Moreover, there was Covid 19 pandemic situation and has prayed for recalling order dated 17.11.2021 and to allow the respondent to file questionnaire.
Ld. Lawyer for the complainant has opposed the petition and has stated that 7 dates have passed but the OPs did not file questionnaire and the case is age old one and the complainant is suffering for the delatory tactics adopted by the OPs.
We have perused the case record and find that OP took 7 dates and failed to file questionnaire and as such no further opportunity was given to him for filing questionnaire.
It, however, appears that OP has filed questionnaire in the meantime. As OP has already filed questionnaire, let it be accepted with cost of Rs. 1000/- to be paid by the OP in favour of the complainant.
Fix 16.03.2022 for payment of cost and reply by the complainant.
The instant IA is thus disposed of accordingly.
