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Judgment
Karuna Nand Bajpayee, Presiding Member
I.A. No. 8248 OF 2023 (for Condonation of delay)
This revision petition has been filed under Section 58(1)(b) of The Consumer Protection Act, 2019 in challenge to the Order dated 20.01.2023 of the State Commission in First Appeal No.473 of 2021 arising out of the Order dated 21.09.2021 of the District Commission in Consumer Complaint No.48 of 2020.
Submission of the learned counsel for the petitioner is that at the time of filing the present revision petition, an affidavit has already been filed in support of the delay condonation application which explains the said delay and the matter be heard on that basis.
The present petition has been filed with a reported delay of 67 days and therefore, the learned counsel for the petitioner firstly has been heard on the delay condonation application.
Heard the learned counsel for the petitioner and perused the record including inter alia the impugned Order 20.01.2023 passed by the State Commission, the Order dated 21.09.2021passed by the District Commission and the application seeking condonation of delay in filing the petition.
Submission is that the Petitioner’s counsel neither appeared before the State Commission nor informed the petitioner / appellant about the matter and did not convey necessary information about the impugned Order. Submission is that the State Commission dismissed the appeal in non-prosecution as none appeared on behalf of the petitioner / appellant on the dates fixed and this is the self-speaking explanation as to why the petitioner could not file the present petition within time for want of knowledge.
Perused the condonation application and the affidavit filed in support of it in the light of the submissions made by the learned counsel for the petitioner that the grounds appear to be sufficient to condone the delay and it is deemed appropriate in order to do conscionable justice that the delay be condoned. Hence, the delay in fling the present petition stands condoned.
REVISION PETITION No. 1610 of 2023
Learned counsel for the petitioner has tried to explain the circumstances regarding the non-appearance on behalf of the petitioner before the State Commission on the dates fixed. Submission is that the petitioner has a good case on merits and if the opportunity of hearing shall not be provided to the petitioner, the petitioner shall suffer irreparable loss and shall be left remediless.
Ordinarily this Bench could have issued notice to the respondent(s) and would have proceeded with the matter thereafter. But such a course might have taken a long time as it was not likely that the matter could have been taken up at an early date in the wake of heavy pendency of cases. Such a course could have eventually proved detrimental to the cause of the consumer justice as the matter would have then dragged for an indefinite period of time. As the matter does not involve any complicated questions of law or facts and relates only to the first principles of the natural justice, it would not serve much purpose to procrastinate the hearing waiting for the appearance of the respondents, therefore, the Bench finds it expedient to decide the matter on the basis of record.
In order to facilitate better appreciation of the matter, the impugned Order passed by the State Commission may be quoted herein below:
Without making any observations regarding merits of the case, lest, the same may cause any prejudice to either side and colour the vision of the fora below, in the light of the submissions made by the learned counsel for the petitioner and in view of the totality of the facts and circumstances of the case, it is deemed expedient in the interest of justice that the petitioner be provided a further opportunity of hearing and argue the appeal on merits before the State Commission and not to leave the him remediless. Hence, the impugned Order dated 20.01.2023 passed by the State Commissions is set aside and the Instant Revision Petition is allowed and the matter is remitted back to the State Commission with the request to decide the same on merits after affording adequate opportunity of hearing to both sides.
The parties are directed to appear before the State Commission on 15.11.2023.
The principal onus of informing the respondents / opposite parties about this instant Order shall be of the petitioner / complainant, he shall do so within two weeks from today, without fail, and file proof thereof before the State Commission on or before the next date of hearing.
However, if for whatever reason, the respondents / opposite parties do not appear before the State Commission on the date of hearing, the State Commission shall issue notice for requiring their presence in order to proceed in accordance with law in the matter, as directed by this Commission. The State Commission in such a situation may also direct the petitioner / complainant to take adequate steps in order to facilitate service to the respondents / opposite parties.
In case the respondents / opposite parities still feel to have objections to the instant Order, they may file appropriate application before the State Commission, submitting that they will raise their objection before this Commission (National Commission). In such contingency, the State Commission shall not proceed further with the appeal for a period of three months. In the said period of three months, the respondents may file appropriate application before this Commission to raise his objections.
If the respondents / opposite parties move appropriate application in this Commission within the aforesaid period of three months, or before, further proceedings of the State Commission shall be subject to the Orders that may be passed by this Commission on such application. If the respondents do not approach this Commission in the period of aforesaid three months (or before), the State Commission shall further proceed in the matter in accordance with law.
The petitioner / complainant is advised to peruse his appeal in the State Commission in right earnest. It may be observed that in case on the date fixed for hearing or on any future date, the petitioner / complainant fails to appear before the State Commission personally or through his counsel or authorized representative, the State Commission may proceed with the matter as it may deem fit in its wisdom in accordance with law.
The Registry is requested to send a copy each of this Order to the parties in the petition and to their learned counsel as well as to the fora below within three days. The stenographer is requested to upload this Order on the website of this Commission within three days.