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Section 22D of Legal Services Authority Act – Right to Cross-examination

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The petitioner had taken sim card of fixed plan of Rs.3,500/- while travelling to Dubai on 14.12.2014.   However, the bill of Rs.28,543/- was given.  The respondent filed application before the Permanent Lok Adalat for recovery of Rs.23,981/-.

The petitioner filed written statement and disputed the claim on various grounds including that the customer agreement form does not bear signature and the documents do not bear her photograph.

However, the application of the petitioner for cross-examination of witness of the Cellular company was rejected without giving reasons and that too, by one member of PLA of three members.

HELD that it is necessary for the Permanent Lok Adalat to afford an opportunity to cross-examine the witness in the case of disputing claims.  Right of cross-examination is part of fair play in action.   There were discrepancies in the record and the affidavit of witness.  Moreover, even if the proceedings was summary in nature, Section 22D provides for the principles of natural justice and fair play.   Therefore, right to cross examine cannot be denied in summary proceedings.

Judgment dated 14.7.2025 of the High Court of Bombay  in Writ Petition No.2977 of 2018 of Bindu Narang  Vs.  Matrix Cellular (International) Services Pvt Ltd and another

 

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