Order no. 2

Ld. Advocate for the complainant is present and files written objection.

Copy served in the presence of the Commission.

Ld. Advocate for the opposite party nos.1 and 2/petitioners is present.

The Misc. Application dated 29.11.2023 filed by opposite party nos.1 and 2/petitioners is taken up for hearing.

Perused and considered the Misc. Application along with its objection.

Heard both sides.

Ld. Advocate for the opposite party nos.1 and 2 / petitioners submits that due to inadvertence on the part of the opposite parties / petitioners they could not file affidavit in reply to the questionnaire of the complainant. Therefore, the opposite parties/petitioners may be allowed to submit affidavit in reply to the questionnaire filed by the complainant.

Ld. Advocate for the complainant raised strong objection against the prayer of the opposite parties/petitioners.

On perusal of the record it appears that on 16/11/2022 Ld. Advocate Mr. Akash Dutta (Registration No.S119912402019) submitted before this Commission that opposite party nos.1 and 2 shall not file any affidavit in reply to the questionnaire of the complainant and prayed for closing evidence of opposite party nos.1 and 2. Accordingly, on hearing both side the Commission allowed the prayer of opposite party nos.1 and 2 and closed their evidence.

Suppressing the matter on record the opposite party nos.1 and 2/petitioners stated in their Misc. Application that they could not file affidavit in reply due to inadvertence on their part, which is not the fact.

It is apparent on the face of the record that opposite party nos.1 and 2 had voluntarily chosen not to reply to the questionnaire filed by the complainant.

The complainant will be prejudiced if the prayer of the opposite parties is allowed at this stage to file affidavit in reply which  they have refused earlier on their own volition.

Considering the above discussion, we are of the opinion that the prayer of the opposite party nos.1 and 2/petitioners is liable to be rejected.

Hence, it is

                                                            O R D E R E D

that the Misc. Application dated 29/11/2023 is dismissed on contest with cost of Rs.1,000/- (Rupees one thousand) only.