State Consumer Disputes Redressal Commission
Ifran Builders Pvt. Ltd., And Others ... vs Irfan Residency Flat Owners Hyderabad on 10 July, 2009
BEFORE THE A BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD. C.D.I.A.No.1310/2009 IN C.D. No.16/2001 Between: 1.
Ifran Builders Pvt. Ltd., Rep. by its Chairperson Mrs. Nejeebunissa W/o.Md.Sirajuddin having office at H.No.11-5-454/1, Irfan Residency, Red Hills, Hyderabad.
2. Mrs.Najeebunissa, W/o.Md.Sirajuddin Aged about 50 years, Occ:Business, . H.No.11-5-454/1, Irfan Residency, Red Hills, Hyderabad.
3. Md.
Abdul Salam Imran, S/o.Md.Sirajuddin Aged about 32 years, Occ:MD of Irfan Builders Pvt. Ltd., R/o.H.No.11-5-454/1, Irfan Residency, Red Hills, Hyderabad.
4. Md.Sirajuddin, S/o.late Md.Kareemuddin Age about 58 years, Occ:Director of Irfan Builders Pvt. Ltd., R/o. H.No.11-5-454/1, Irfan Residency, Red Hills, Hyderabad. ..Petitioners/ O.P.1 to 4.
And
1. Irfan Residency Flat Owners Association, rep. by its Managing Committee Vice President Mrs. Tasneem M.Ahmed, W/o.Dr.S.M.Ahmed, Age about 67 years, R/o.Flat No.302 Irfan Residency, 11-5-454, Red Hills, Hyderabad-4. Respondent No.1 complainant Counsel for the Petitioners:Md.Muneeruddin Counsel for the Respondent No.1:Mr.K.Chaitanya QUORUM:THE HONBLE MR.JUSTICE D.APPA, RAO, PRESIDENT.
SMT.M.SHREESHA, MEMBER.
AND SRI K.SATYANAND, MEMBER.
FRIDAY, THE TENTH DAY OF JULY TWO THOUSAND NINE Oral Order (Per Sri K.Satyanand, Honble Member) *** This is a petition filed by the petitioners/opposite parties seeking permission to cross examine the witness, Dr.Mrs.Tasneem M.Ahmed W/o.Dr.S.M.Ahmed, who it seems filed affidavit on behalf of complainant, levelling some allegations against the witness as she having formed her own self imposed association, colluded with 11 defaulters forming a Mafia and lodging false Police complaints etc., Though the other side endorsed to the effect that orders may be passed on merits in this regard, we are very much bound by the guide lines issued by the Honble Supreme Court of India in Dr.J.J.Merchant and others V. Srinath Chaturvedi in 2002 CTJ 757 = AIR 2002 SC 2931. In the above decision, the Honble Supreme Court, in order to avoid delay in disposal of complaints within the time prescribed under the Act, suggested
i)
2) In cases where cross examination of the persons who have filed affidavits is necessary, it suggested questions cross examination be given to the persons who have tendered their affidavits and reply may be also on affidavits.
This petition is filed clearly in violation of the law laid down by the Honble Supreme Court and in that view of the matter, we are unable to accede to the request of the petitioners. Hence this petition is dismissed. No order as to cots.
PRESIDENT MEMBER MEMBER Dated10-7.2009