D.T.D.C. COURIER AND CARGO LTD. Vs. MAHABIR PRASAD

JUDGEMENT

(1.) THE revision petition is directed against interlocutory order dated 14.5.2007, passed by District Consumer Disputes Redressal Forum, Ranchi, in Consumer Complaint No. 54 of 2006, whereby prayer made on behalf of the opposite party -petitioners to cross -examine the complainant's witness has been rejected.

(2.) THE complaint relates to the alleged failure on the part of the Courier Company to deliver the consignment in good condition. After completion of pleadings, both parties have already filed evidence on affidvit. On 13.12.2006 complainant expressed desire to cross -eamine oppposite party's witness Vishal Pandit, which was allowed by order dated 17.1.2007. Instead of producing Vishal Pandit for eamination on 5.2.2007, the opposite party filed a petition for cross -examination of all the complainant's witnesses and thereafter to produce Vishal Pandit. By order dated 14.5.2007, the District Forum rejected the said petition dated 5.2.2007 and the opposite party was directed to produce Vishal Pandit for cross -examination as per previous order dated 17.1.2007.

(3.) WE have heard both parties at length. The petitioners have filed a supplementary affidavit stating therein that instead of all the complainant's witnesses prayer for cross -examination is now confined to only one witness Vivek Nayan, son of the complainant, who had not complained of any damage to the articles at the time of delivery.