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Judgment
Karuna Nand Bajpayee, Presiding Member
This appeal under section 19 of the Act 1986 is in challenge to the Order dated 01.11.2018 of the State Commission in complaint no. 228 of 2018.
Heard learned counsel for the appellant and perused the record including inter alia the State Commission’s impugned Order dated 01.11.2018 and the memorandum of appeal.
No one appears for the respondents – complainants.
Learned counsel has tried to explain the circumstances under which the learned counsel could not appear on the date fixed before the State Commission. Submission is that the appellants will suffer “irreparable loss” if the appellants is not afforded an opportunity to file the written version and to contest the case on merits.
A perusal of the record shows that the challenge is to an interlocutory order of the State Commission vide which the opposite parties were ordered to be proceeded against ex parte for the reason of their non-appearance. Present appeal has been filed by opposite parties. This is not a matter in which any complex or complicated question of law or fact is involved at all. It is relevant that the Act 1986 is for “better protection of the interests of the consumers”, its Statement of Objects & Reasons says of “speedy and simple redressal to consumer disputes”. The ideal normative period to decide an appeal is 90 days of its admission (Section 19A of the Act 1986; Section 52 of the Act 2019). The present appeal was filed on 16.12.2019 and notice was ordered to be issued on 19.12.2019, almost 3¼ years back. No good reason to delay the hearing any further is visible, and it is deemed appropriate to decide the matter on its merits on the basis of the record after hearing learned counsel.
The impugned Order may be usefully quoted here-in-below:
None appears on behalf of either side. Today is the date fixed for filing written version by the O.P.s as a last chance. No written version is filed by the O.P.s. Therefore, the case will proceed ex parte against the O.Ps. Fix 09.01.2019 for filing evidence on affidavit.
Though not expressing any opinion about the merits of the case, but considering the nature of the dispute and the overall facts and circumstances in their totality, and also keeping in perspective the first principles of natural justice, we feel it just and appropriate that one opportunity may be provided to the appellants to contest their case on merits subject to suitable terms / cost.
As such, the Order dated 01.11.2018 of the State Commission is set aside subject to cost of Rs. 25,000/- to be paid by the appellants (opposite parties) to the complainants within 30 days from today without fail. If the cost imposed is not paid within the stipulated period the State Commission’s Order of 01.11.2018 shall stand as it stood and the State Commission shall so proceed further.
It is simultaneously directed that the opposite parties shall file their written version before the State Commission within 30 days from today failing which their right to file written version shall obliterate. The State Commission is requested to take the written version of the opposite parties on record, if filed within 30 days from today and if the cost of Rs. 25,000/- is paid to the complainants within the same period of 30 days from today. It would then give opportunity to the complainants to file their rejoinder thereto, and proceed further with the adjudication of the case in the normal wont as per the law. It goes without saying that if the written version is not filed within the stipulated period of 30 days from today or if the cost imposed is not paid within the stipulated period of 30 days from today, the written version of the opposite parties shall not be taken on record for consideration, and the State Commission shall so proceed further.
The opposite parties are sternly advised to conduct their case properly before the State Commission. It is clarified that if the opposite parties yet again fail to appear before the State Commission the Commission shall be at liberty to proceed further as it may deem fit it in its wisdom in accordance with law.
The parties are directed to appear before the State Commission on 01.05.2023.
The Registry is requested to send a copy each of this Order to the parties in the appeal and to their learned counsel within 03 days. The Registry is also requested to forthwith communicate this Order to the State Commission by the fastest mode available. The stenographer is requested to upload this Order on the website of this Commission immediately.
‘Dasti’, in addition, to facilitate timely compliance.