Karnataka

Chitradurga

CC/28/2018

H.T. Chandramaouli S/o Late Gurubasappa, - Complainant(s)

Versus

Sri. Ranga Granites - Opp.Party(s)

R. Jagadeesh

16 Mar 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

CC.NO:28/2018

 

DATED: 16^th MARCH 2019

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                                     B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT/S	H.G. Chandramouli, S/o Gurubasappa, Aged about,54 years, Eshwara Service Bus, Owner, Behind Unity Health Complex, C.K. Pura Extension, Chitradurga.       (Rep by Sri. R. Jagadeesh, Advocate)
V/S
…..OPPOSITE PARTIES	Proprietor/Manager, Sri Ranga Granites, M. Chethan Babu, S/o Late P.V. Mallikarjunaiah, Aged about 37 years, Adhi Shakthi Nagara, OPP Shaneshwara Temple, Challakere Road, Chitradurga. 577 501.   (Rep by Sri.S. Vidyadhar, Advocate)

PARTIES TO I.A.VI

…..APPLICANT/ OPPOSITE PARTIES	Proprietor/Manager, Sri Ranga Granites, M. Chethan Babu, S/o Late P.V. Mallikarjunaiah, Aged about 37 years, Adhi Shakthi Nagara, OPP Shaneshwara Temple, Challakere Road, Chitradurga. 577 501.   (Rep by Sri.S. Vidyadhar, Advocate)
V/S
……RESPONDENT/ COMPLAINANT/S	H.G. Chandramouli, S/o Gurubasappa, Aged about,54 years, Eshwara Service Bus, Owner, Behind Unity Health Complex, C.K. Pura Extension, Chitradurga.       (Rep by Sri. R. Jagadeesh, Advocate)

ORDERS ON I.A.VI FILED BY THE OP U/SEC.45 OF INDIAN EVIDENCE ACT

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The complainant has filed this complaint against the OP.  In support of this complaint, the complainant has also filed an IA.No.VI u/Sec.45 of Indian Evidence Act praying for comparison of the signature on the document with the signature of OP to meet the ends of justice and equity.  It is stated that, the OP has not supplied any granite slabs to the complainant as alleged in the complaint that, the OP has issued a bill dated 20.09.2014 for Rs.4,66,400/-, the same is created and concocted by the complainant for filing this complaint.  The OP disputes not only the signature on the document, but the document itself also and hence, it needs scientific investigation for comparing the signature on the quotation with the signature of the OP.  To compare the signature on the said document with the OP, it is necessary to appoint a commissioner to find out the signature on the said document.  If the commissioner is appointed to compare the signature, no injustice or inconvenience will be caused to the complainant, otherwise much injustice and inconvenience will be caused to OP and therefore, prays for allow the I.A.VI.

The complainant has filed objection to the IA.VI filed by the OP stating that, the application filed by the OP is highly belated, afterthought, concocted, created for the purpose of filing the above application with a malafide intention to harass, trouble him and also to drag on the proceedings, to cause injustice and hardship.  The OP, through his authorised agents, servants, men and himself has supplied the ground floor defective granites to him and issued quotation/bill for supply of the defective granites and receipt of the amount.  The OP is in the habit of signing his signature in different ways, whimsically, to escape from the clutches from the law, while issuing the quotations, bills and documents, at the time of supply of the defective granites to the purchasers.  Under these circumstances, it is respectfully prayed that, the IA.VI may be dismissed.  

 Perused the IA.VI and objections filed by the complainant and the signature found in the document/bill/quotation dated 20.09.2014 and also the signature found in the Vakalath filed before this Forum.  It is pertinent to note that, the signature found in the bill and the Vakalath are not at all tallied with each other.   Hence, we don’t find any good reasons to allow the I.A.VI filed by the OP and pass the following:

ORDER

I.A.No.VI is hereby dismissed.

For marking of documents and written arguments of OP side by 20.04.2019.                          .

 

MEMBER                                                   PRESIDENT

Rhr**