DEVELOPMENT CREDIT BANK LTD. v. CCI CHAMBERS COOP. HOUSING SOCIETY LTD.
2005-05-09
D.M.DHARMADHIKARI, G.P.MATHUR, R.C.LAHOTI
body2005
DigiLaw.ai
ORDER 1. The respondent has made appearance in the Court. 2. With the consent of the learned counsel for the parties, the appeal is heard finally. 3. This appeal is filed by the opposite party before the National Consumer Disputes Redressal Commission (for short "the Commission") feeling aggrieved by the order dated 1-3-2005 whereby the Commission has directed the complaint to be tried by itself forming the opinion that it was not necessary to drive the complainant to the need of filing a civil suit. 4. The principal grievance of the appellant before us is that it would be deprived of its right to cross-examine the deponents of the affidavits incorporating examination-in-chief tendered in evidence by the complainant in view of the decision dated 3-12-2004 in Original Petition No. 233 of 1996 incorporating a practice direction of the Commission. The direction requires the opposite parties to file interrogatories whereafter the Commission may permit further cross-examination or not, in its discretion. 5. The learned Senior Counsel for the respondent before us i.e. the complainant in the Commission, has submitted that the complainant has no objection to the opposite party conducting a full-fledged cross-examinationof the deponents of the affidavits filed on behalf of the complainant. We direct accordingly. 6. Inasmuch as the deponents will be subjected to full-fledged cross-examination before the Commission, the Commission would be at liberty to form an opinion afresh, now or at any subsequent stage, whether it would like to conduct the trial before itself or refer the parties to the civil court. 7. The appeal stands disposed of in the terms abovesaid and the order of the Commission stands superseded by this order.