The court stressed the need for balancing the right to cross-examination with the public interest in swift dispute resolution under the Consumer Protection framework.

JUDGMENT

This writ petition is filed by the petitioner challenging the dismissal of Exts.P4 and P5 petitions submitted by the petitioner to re-open the evidence and permit the petitioner to adduce evidence before the 1st respondent, Consumer Disputes Redressal Forum, Malappuram.

2. Petitioner and its manager are 1st and 2nd opposite parties in Ext.P1 complaint filed by the 2nd respondent before the 1st respondent Forum, which is numbered as C.C.No.26/2011. According to the petitioner, Ext.P2 counter affidavit and Ext.P3 version were filed before the 1st respondent. It is submitted that, when the case was posted for orders on 16.11.2016, it was realized that cross- examination of the complainant, the 2nd respondent, was not done on behalf of the petitioner and its manager. Thereupon, counsel for the petitioner preferred petitions to re-open the evidence and recall the 2nd respondent. Further, it is contended that, without considering the case put forth by the petitioner, 1st respondent declined to entertain Exts.P4 and P5 petitions and dismissed the petitions on 26.11.2016. It is thus challenging the dismissal of Exts.P4 and P5, this writ petition is filed.

3. The 2nd respondent has filed a counter affidavit refuting the allegations and claims and demands raised by the petitioner in the writ petition. According to the 2nd respondent, every methods were adopted by the petitioner to protract the proceedings. To a complaint filed in the year 2011, petitioner has filed a version only in the year 2013. It is also stated that the remedy of the petitioner, is not by invoking the writ jurisdiction, against the dismissal of Exts.P4 and P5 petitions. There is a statutory remedy available to the petitioner by filing a revision before the State Consumer Disputes Redressal Commission. The legal principles laid down by the apex Court and this Court are pressed into service to establish that the writ petition filed by the petitioner is not maintainable under law. Therefore, the 2nd respondent seeks dismissal of the writ petition.

4. Heard learned counsel for the petitioner, learned counsel appearing for the 2nd respondent and the learned Government Pleader. Perused the documents on record and the pleadings put forth by the respective parties.

5. The question to be considered is whether any manner of interference is warranted in the orders passed by the Consumer Forum, produced as Exts.P6(a) and P7(a). The order of the Consumer Forum is a non-speaking order, which states that there is no merit in the petition filed by the petitioner, and an earlier application filed for the very same purpose was dismissed, and the petitioner is trying to protract the matter.

6. In view of the nature of submissions made in the writ petition and after hearing the respective counsel, I am of the considered opinion that one more opportunity can be provided to the petitioner, since if the petitioner is given permission to seek the remedy of revision before the State Commission, it will further protract the complaint pending before the 1st respondent.

7. Taking into account the interest of justice, I think it is only appropriate that petitioner is provided with an opportunity, but on stringent condition. If the petitioner pays an amount of Rs.10,000/- (Rupees ten thousand only) to the 2nd respondent and produces receipt before the 1st respondent, an opportunity shall be provided to the petitioner to cross- examine the 2nd respondent, and adduce any evidence for and on behalf of the petitioner. Anyhow, a finality should be attained to the complaint within two months from the date of receipt of a copy of this judgment. If the petitioner is not making payment as stated above, the writ petition will stand dismissed.

8. In order to enable the 1st respondent to proceed with the matter, the parties are directed to appear before the Forum on 06.02.2017.

The writ petition is disposed of accordingly.