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 states that opposite party no.1 and 2 have already filed affidavit in chief mentioning the transcripts of the welcome call recording. At the time of filing evidence by way of affidavit, the pen drive which contained the welcome call recordings along with certificate under section 65B of the Indian Evidence Act, 1872  was not available as such the same could not be filed at the time of filing evidence. Therefore, it is prayed before this Commission to take the said pen drive containing welcome call records between the complainant and the opposite party nos.1 and 2 certified under section 65B of the Indian Evidence Act, 1872 and be treat the same as part of evidence of the aforementioned opposite parties.

On perusal of the record of CC/134/2021 it appears that the opposite party nos.1 and 2 filed affidavit in chief on 24.08.2022. The Commission had fixed 06.09.2022 for filing questionnaire by the complainant. On 06.09.2022 the complainant filed questionnaire against the evidence of opposite party nos.1 and 2. Thereafter 16.11.2022 was fixed to file affidavit in reply by opposite party nos.1 and 2 to the questionnaire of the complainant. On 16.11.2022 Ld. Advocate Mr. Akash Dutta (Registration No.S119912402019) appeared before this Commission on behalf of opposite party nos.1 and 2 and submitted that opposite party nos.1 and 2 will not submit any affidavit in reply to the questionnaire of the complainant and also prayed for closing of the evidence of the opposite party nos.1 and 2. Accordingly, on hearing both sides the prayer of opposite party nos.1 and 2 was allowed and the evidence of the parties was closed and 15.02.2023 was fixed for submitting BNA and argument. Thereafter, the opposite party nos.1 and 2 filed instant Misc. Application on the prayer of submitting one pen drive of call recording along with certificate under section 65B of the Indian Evidence Act, 1872.

It is apparent on the face of the record CC/134/2021 that the evidence of both parties were closed and the case is fixed for filing BNA and argument.

The opposite party nos.1 and 2/petitioners has not prayed to cite any witness to tender any secondary evidence in this case. Moreover Section 151 CPC is not applicable under the special statute i.e. Consumer Protection Act, 2019.  Therefore, the Misc. Application lacking merit 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.