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Judgment
This appeal under section 19 of the Act 1986 is in challenge to an interlocutory Order dated 04.12.2019 of the State Commission in complaint no. 210 of 2015, vide which the additional written version of the opposite party was not taken on record.
Ms. Vani Sharma, learned counsel is present for the appellant (the ‘opposite party’ to the complaint). No one appears for the respondent (the ‘complainant’). We have perused the record including inter alia the State Commission’s impugned Order dated 04.12.2019 and the memorandum of appeal.
Briefly, the State Commission had allowed the complainant to make an amendment in its complaint. The amended complaint was received by the opposite party on 18.12.2018. The opposite party filed its additional written version on 17.06.2019 i.e. after 181 days. The State Commission did not take the amended written version on record. Hence the appeal, seeking order to take the amended written version on record.
At the relevant time, i.e. on 04.12.2019, when the State Commission passed its Order, written version beyond the statutory period of 30 days and the extended period of 15 days thence i.e. beyond total 45 days stipulated under Section 13(1)(a) of The Consumer Protection Act, 1986 (the old Act, then in force) could be permitted to be filed subject to “suitable terms, including the payment of costs” in accordance with the judgment dated 10.02.2017 of Hon’ble Supreme Court in Reliance General Insurance Co. Ltd. & Anr. vs. M/s Mampee Timbers & Hardware Pvt. Ltd. & Anr.
Hon’ble Supreme Court judgment in New India Assurance Co. Ltd. vs. Hilli Multipurpose Cold Storage Pvt. Ltd., taking a stricter view on the subject, was delivered later, on 04.03.2020, and the same was made prospective in operation by the Hon’ble Court (“This Judgment to operate prospectively.”).
The law as has been expatiated upon by Hon’ble Apex Court with regard to filing of the written version beacons us to take the same view and bring it to bear upon in matters like this where an additional written version is to be filed in response to the amendment effected or introduced in the complaint. The legal syllogism behind determination of the period of limitation with respect to filing of the written version in the first instance would similarly apply with respect to matters which call for filing the additional written version, the deducting reasoning being the same.
Thus we have to consider the instant matter in the light of the principle contained in Hon’ble Supreme Court’s judgment given in Reliance General Insurance Co. Ltd. & Anr. vs. M/s Mampee Timbers & Hardware Pvt. Ltd. & Anr. in respect of written version, which permitted written version to be filed beyond 45 days subject to suitable terms.
Without 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 find it just and appropriate that the additional written version of the opposite party be taken on record subject to suitable terms.
As such the additional written version of the opposite party shall be taken on record by the State Commission subject to cost of Rs. 50,000/- to be paid by the opposite party to the complainant within 30 days from today.
The impugned Order dated 04.12.2019 of the State Commission stands modified accordingly.
The opposite party is sternly advised to conduct its defence properly before the State Commission.
The State Commission is requested to take the additional written version of the opposite party on record if the cost of Rs. 50,000/- is paid to the complainant within the stipulated period of 30 days from today. The State Commission would then give opportunity to the complainant to file its 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 cost imposed is not paid within the stipulated period of 30 days from today, the right to file additional written version shall obliterate and the same shall not be taken on record for consideration, and the State Commission shall so proceed further with the adjudication of the case.
The parties are directed to appear before the State Commission on 28.03.2023.
The complainant is not present or represented before this Commission today. As such, in the interest of justice, if, for whatever reason, the complainant does not appear before the State Commission on 28.03.2023, the State Commission shall issue notice to it and ensure its due service. In such contingency the steps for service of notice shall be taken by the opposite party.
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. It 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.