CHANDIGARH ADMINISTRATION Vs. R C GUPTA

JUDGEMENT

(1.) On 10.12.1996, the District Forum Chandigarh ordered that let the complainant be brought into the witness box for his cross-examination with reference to the affidavit which he had placed on record in support of his complaint. However, this order has been recalled by the District Forum on 8.4.1997. Aggrieved against it, the present revision has been preferred by the Chandigarh Administration through SDO Electricity, Opposite Party Sub Division 3, Sector 18, Chandigarh.

(2.) A perusal of the complaint shows that the allegations against the present revisionist were that the wires at the premises of the complainant were lying loose and in an uninsulated condition. Besides the complainant had been a sufferer whenever there was a storm, strong wind and rain etc. There was also fluctuation of voltage.

(3.) We have perused the proceedings from the date of institution of the complaint till the latest stage so far. It appears that the evidence of the complainant was closed in a hurry without his cross-examination. The order dated 10.12.1996 holding that the complainant was to be crossexamined, was on the whole in the interest of justice. The impugned order dated 10.12.1996 dispensing with the cross-examination of the complainant, since there are several important questions of fact involved as seen above, shall not be in the interest of justice. The earlier order dated 10.12.1996 requiring appearance of the complainant for cross-examination appeared to be reasonable and necessary step taken by the District Forum. The conclusion is that the revision is accepted and let the complainant be crossexamined on such date as may be suitable. The parties shall appear in the District Forum-I on 10.11.1997.