National Consumer Disputes Redressal
Institute Of Laparoscopic Surgery, ... vs Bimal Kumar Ghosh on 30 May, 2007
Equivalent citations: 1(2008)CPJ470(NC)
ORDER
K.S. Gupta, J. (Presiding Member)
1. Challenge in this revision is to the order dated 5.4.2007 of Consumer Disputes Redressal Commission West Bengal, Kolkata dismissing the application for cross-examination of Dr. M.K. Chakraborty whose affidavit was filed by way of evidence by the respondent/complainant. Copy of the affidavit, of said Dr. Chakraborty is at pages 52-53.
2. It seems that petitioners/opposite parties were permitted to serve interrogatories for the purpose of cross-examination on Dr. M.K. Chakraborty which have been replied by him, Copy of interrogatories is at pages 88-94 while reply thereto is at pages 95-100. Copy of the application filed by the petitioners for cross-examination is at pages 100-105. Para No. 6 of this application which is material reads thus:
The opposite parties state and submit that against the affidavit of evidence, the opposite parties had filed questionnaire to said affidavit of evidence and against the said questionnaire Dr. M.K. Chakraborty has filed reply. In the said affidavit-in-reply he has intentionally avoided to give the answer and some of the answer is incomplete, until and unless he is cross-examined before the learned State Commission the opposite parties is seriously prejudiced.
3. To be only noted that it has not been disclosed in the above pare as to which of the answers given by Dr. Chakraborty are incomplete. Allegations as made in this para are vague. Also having considered the interrogatories and reply thereto given by Dr. Chakraborty, we are not inclined to interfere in revisional jurisdiction with the discretion exercised by State Commission in declining cross-examination of Dr. Chakraborty. Revision petition is, therefore, dismissed.