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Judgment
Prem Narain, Presiding Member
First Appeal no. 893 of 2017 has been filed by the appellant against the order dated 21.09.2016 of the Maharashtra State Consumer Disputes Redressal Commission, Mumbai passed in CC no. 15/461, wherein the opportunity to file the written statement has been closed. Learned counsel for the appellant states that the written statement was filed on the 44th day, however, the State Commission has recorded in the order that the written statement has not been filed within 45 days.
FA No. 1810 of 2018 has been filed by the original complainant in the matter against the order dated 13.07.2018 in CC no. 15 of 461, wherein the State Commission has dismissed the complaint in default. Learned counsel for the appellant states that the matter was already stayed vide order dated 24.05.2017, however, the State Commission has dismissed the complaint in spite of the stay order.
Be that as it may, both the appeals are disposed of with the following order:
Original complaint no. 15/461 is restored to its original number and the opposite party/appellant in FA No. 893 of 2017 is directed to file the written statement again within a period of two weeks, if not available on the record of the State Commission. The State Commission shall accept the written statement and will proceed with the complaint and decide the same as per the law.
Parties to appear before the State Commission on 05.03.2020.
Order be given Dasti.