THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION

PANAJI-GOA



Present:

Smt. Sandra Vaz e Correia…Presiding Member

Smt. Caroline Collasso, …Member



Revision Application No.9/2008



Mr. Keshav Chiplunkar,

Flat No.G-1, Ground Floor,

“Flower Queen”

Miramar, Panaji, Goa. … Applicant

(Original Complainant)



v/s



The New India Assurance Co. Ltd.,

Vasco Divisional Office,

Santa Palagia Building, 1st Floor,

Opp. Khalap Mansion,

Vasco da Gama, Goa. … Respondent

(Original Opposite Party)



For the Applicant.. Shri N G Kamat, Advocate

For the Respondent.. Shri R P Naik, Advocate holding for Advocate B V Sukhtankar.



Dated :06-05-2009

ORDER



[Per Smt Sandra Vaz e Correia, Presiding Member].



1. The petitioner is the complainant in Complaint no. 78/2007 pending before the Consumer Disputes Redressal Forum (District Forum) South Goa; he assails the allowing of the respondents application to cross-examine his witness Smt Ranjana Makode in the witness box by order dated 23-09-2008. The respondent is the original opposite party.



2. It appears that the respondent/opposite party moved an application to cross-examine the petitioner/complainant and his witness Smt Ranjana Makode. Upon hearing the parties, the District Forum partially allowed the plea and permitted cross-examination of the witness Smt Makode.



3. We heard Ld Adv Shri N G Kamat for the petitioner and Ld Adv Shri R P Naik holding for Adv B V Sukhtankar. At the outset, Shri N G Kamat brought to our notice that the order impugned in this petition was signed only by Member Shri Dhananjay Jog and drew our attention to the certified copy of the order appended to his petition. There is merit in the submission of learned Counsel. The order endorsed on the application itself is signed by only one member of the District Forum which is a clear irregularity apparent on the face of the record. That being the case, the impugned order cannot be sustained and has to be set aside. The other contentions raised by the parties on the merits of the respondent’s plea for cross-examination become irrelevant.



4. The impugned order dated 23-09-2008 is hereby set aside. The District Forum shall re-hear the opposite party’s application dated 18-04-2008 and dispose in accordance with law. Parties shall appear before the District Forum on 29-06-2009 at 10:00 am. In the circumstances, there shall be no costs.



Pronounced.





[Sandra Vaz e Correia]

Member





[Caroline Collasso]

Member