Proprietor Professional Couriers Vs. Krishnadas and Another

Proprietor Professional Couriers vs Krishnadas and Another

Type Court Judgment Court Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram Decided Jan 16, 2012

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Citation: sooperkanoon.com/1108544
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Judge: The Honourable Mr. S. Chandramohan Nair Member
Decided On: Jan 16, 2012
Case Number: Revision Petition No. RP/12/8 (Arisen out of Order Dated 03/01/2012 in Case No. CC/10/153 of District Malappuram)
Subject: Consumer

Case Summary

AI-generated summary - not the official court judgment text.

Consumer

Key legal issue: Consumer

Parties & Advocates

Appellant / Petitioner

Proprietor Professional Couriers

Respondent

Krishnadas and Another

Excerpt

sri. s. chandramohan nair, member this petition is filed by the opposite party before the cdrf, malappuram in cc.153/10. the petitioner is aggrieved by the order of the forum below directing him to pay costs of rs.1000/- for permitting the petitioner to examine his witness before the forum. 2. the petitioner who was the opposite party before the forum had filed an application to examine a witness on his side. the forum below fastened the liability of payment of cost of rs.1000/- on the presumption that it was to drag a simple matter and holding the said cost was ordered. 3. heard the counsel for the petitioner. it is argued by him that it is his right to examine a witness on his side to establish his case before the forum. we find that the said argument of the learned counsel has force and the forum below ought to have permitted the opposite party to examine his witness without any costs. 4. the order directing to pay costs of rs.1,000/- is set aside and the forum is further directed to permit the petitioner/opposite party to examine his witness as per law. in the result, the revision petition is allowed. the matter is remitted back to the forum below for giving opportunity to the petitioner to examine his witness and to adduce evidence in support of his contentions.

Full Judgment

SRI. S. CHANDRAMOHAN NAIR, MEMBER

This petition is filed by the opposite party before the CDRF, Malappuram in CC.153/10. The petitioner is aggrieved by the order of the Forum below directing him to pay costs of Rs.1000/- for permitting the petitioner to examine his witness before the forum.

2. The petitioner who was the opposite party before the Forum had filed an application to examine a witness on his side. The Forum below fastened the liability of payment of cost of Rs.1000/- on the presumption that it was to drag a simple matter and holding the said cost was ordered.

3. Heard the counsel for the petitioner. It is argued by him that it is his right to examine a witness on his side to establish his case before the Forum. We find that the said argument of the learned counsel has force and the Forum below ought to have permitted the opposite party to examine his witness without any costs.

4. The order directing to pay costs of Rs.1,000/- is set aside and the Forum is further directed to permit the petitioner/opposite party to examine his witness as per law.

In the result, the Revision Petition is allowed. The matter is remitted back to the Forum below for giving opportunity to the petitioner to examine his witness and to adduce evidence in support of his contentions.

Same Court & Year Kerala State Consumer Disputes Redressal Commission SCDRC Thi... Same Parties Proprietor Professional Couriers vs Krishnadas and Another Same Subject Consumer Same Judge The Honourable Mr. S. Chandramohan Nair Member