consumer law weather the cross examination is allowed by the court or not, latest judgement indusland Bank vs Simarjit Singh allowed the application of the bank and cross examination allowed by the apex court, if any document is fake or fraudulently annexed with compliant shall not be allowed .
In view of the foregoing discussion, we partly allow the present appeal and set aside the impugned order insofar as it affirms that the Bank is to pay Rs. 20,00,000/- as the cost/value of the timber along with interest @ 9% per annum, with an order of remit to the SCDRC to examine this issue afresh without being influenced by its earlier order, including the order passed by the NCDRC. The appellants and the respondent would be permitted to file additional documents regarding delivery to the consignee and the valuation of the consignment, including the documents filed by the Bank before us.
The parties would be asked to lead evidence through affidavits. However, we clarify that we have not interfered with the direction requiring the appellants to pay Rs. 10,80,000/- being the truck’s value along with interest @ 9% per annum from 5th July 2008 till realisation, compensation @ Rs. 3,000/- per month for the loss of livelihood along with interest @ 9% per annum from 5th July 2008 till realisation and Rs. 40,000/- as litigation expenses.
. It is stated that the Bank had already deposited Rs. 28,34,496/- before the SCDRC. The amount to the extent we have upheld the order of the NCDRC would be paid to the respondent. In case there is any discrepancy or short payment, it will be open to the respondent to question the computation made by the Bank.
We would also like to clarify that compensation granted @ Rs. 3,000/- per month for loss of livelihood from 5th July 2008 would be payable for the period up to 31st October 2018, along with interest @ 9% per annum from 5th July 2008 up till realisation/payment was made. The compensation @ Rs. 3,000/- per month would not be payable post the decision of the SCDRC on 26th October 2018. We have rounded the date to 31st October, 2018.
. To cut short any delay, parties are directed to appear before the SCDRC along with their affidavits by way of evidence enclosing therewith necessary documents on 21st March 2022. On the said date, the SCDRC would fix the date for consideration of evidence and, if required and necessary, cross-examination may be directed. As the case is fairly old, it would be appropriate if the proceedings are concluded within six months from the first date of hearing.