Jharkhand

StateCommission

RP/10/2014

Chief Manager, Allahabad Bank - Complainant(s)

Versus

Sri Shivnath Sringari - Opp.Party(s)

M/s Raslikant & Ashish Verma

03 Sep 2014

ORDER

JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION,RANCHI
FINAL ORDER
 
Revision Petition No. RP/10/2014
(Arisen out of Order Dated 20/03/2014 in Case No. CC/76/2011 of District Deoghar)
 
1. Chief Manager, Allahabad Bank
Near Club Ground jamunajore, Sarwan Road, Deoghar, P.S.- Deoghar
Deoghar
...........Appellant(s)
Versus
1. Sri Shivnath Sringari
Singh Drawaja ( Shiv Ganga Lane ), P.S.- Deoghar
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE R.K. Merathia PRESIDENT
 HON'BLE MRS. Sumedha Tripathi MEMBER
 
For the Petitioner:
For the Respondent:
ORDER

03-09-2014 - Mr. Ashish Verma, learned Counsel appearing for the petitioner submitted that by the order under revision, dated 20.3.14, passed in CC Case No. 76/2011,  the learned Lower Forum has wrongly rejected the prayer   to cross examine the witnesses of the Complainant.

            2.        In the order dated 03.12.2004 passed in Original Petition No. 233 of 1996, in the case of Smt Indrani Bhattacharjee Vs CMO Farakka Super Thermal Power, the Hon ble National Commission has said -

“ Hence forth 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 Commission 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.

Registry is directed to circulate this order to all the State Commissions with the request to circulate the same to all the District Forums. “    

                        In view of the said order, the petitioner is permitted to produce the   interrogatories on record of the learned Lower Forum, which should be replied by the O.P. on affidavit. Thereafter the learned Lower Forum is to decide whether further cross- examination on any  point is necessary or not. 

With these observations and directions this petition stands disposed of.

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

                         Ranchi,

                        Dated:-3/09/2014

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

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