Petitioner is the 3rd and 4th opposite party in CC 47/2012 before Kerala State Consumer Disputes - Redressal Commission, Thiruvananthapuram. During the trial, DW1 was examined. The petitioner could not cross-examine DW1. Petitioner sought an opportunity to cross-examine DW1. That was declined. Aggrieved by the denial of opportunity to cross-examine DW1, the petitioner has approached this Court seeking for a direction to the 1st respondent to afford the petitioner an opportunity to cross-examine DW1. 2. The learned counsel for the party respondent opposes the prayer made by the petitioner.
3. I am of the view that if the petitioner is given an opportunity to cross-examine DW1, no prejudice will be caused to any parties. On the other hand it will advance cause of justice. The petitioner made out reasons for not cross-examining witness, when the case was posted.
W.P.(C).No.24320 of 2014 2
4. Considering the facts and circumstances, I am of the view that Kerala State Consumer Disputes Redressal Commission ought to have given an opportunity to cross-examine DW1. Accordingly Ext.P4 is set aside.
I.A. 681 of 2014 filed by the petitioner in CC No.47 of 2012 is allowed. Petitioner shall be permitted to cross-examine the witness after recalling DW1.
Writ petition is disposed of.
jm/ A.MUHAMED MUSTAQUE, JUDGE