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Judgment
This appeal has been filed under section 19 of The Consumer Protection Act, 1986 in challenge to the Order dated 13.03.2018 of the State Commission in complaint no. 253 of 2017.
Mr. Rajiv Ranjan Dwivedi, learned counsel appears for the appellant (the ‘opposite party’ before the State Commission).
Mr. Kumar Shashank, learned proxy counsel appears for the respondents (the ‘complainants’ before the State Commission). He makes submissions on instructions.
The appeal has been filed with reported delay of 21 days.
In the interest of justice, inter alia considering the reasons given in the application for condonation of delay, to provide fair opportunity to the finance co., to decide the matter on merit rather than to dismiss it on the threshold of limitation, the delay in filing the appeal is condoned.
Perused the record, including inter alia the State Commission’s impugned Order dated 13.03.2018 and the memorandum of appeal.
The appeal impugns an interlocutory order of the State Commission vide which it has forfeited the right of the opposite party to file its written version. The said Order is being reproduced below for reference:
13.03.2018
For the complainant --- Sri V. Appa Rao,
For the Respondent-3 --- Dharmender Prasad, Advocate
Counsel for the complainant Pressent. No representation for the opposite party. Written version of opposite party not filed though the matter is Posted to this day conditionally, Hence, right of filling written version of OP is forfeited. List the matter for filing affidavit evidence of Complainant. Post on 23-04-2018.
At the relevant time i.e. on 13.03.2018 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.
Later on 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 on 04.03.2020 but the same was made prospective in operation by the Hon’ble Court (“This Judgment to operate prospectively.”).
Thus the instant matter has to be considered in the light of Hon’ble Supreme Court’s judgment given in Reliance General Insurance Co. Ltd. & Anr. vs. M/s Mampee Timbers & Hardware Pvt. Ltd. & Anr. whereby written version could be permitted to be filed 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, it appears just and appropriate that one opportunity may be provided to the opposite party to file its written version in a time-bound manner subject to suitable terms.
As such one opportunity is granted to the opposite party to file its written version before the State Commission within 30 days from today, without fail, subject to cost of Rs. 50,000/- to be paid to the complainants within the same period of 30 days from today.
The impugned Order dated 13.03.2018 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 written version of the opposite party on record, if filed within 30 days from today and if the cost of Rs. 50,000/- 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 to 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 party shall not be taken on record for consideration, and the State Commission shall so proceed further with the adjudication of the case.
The parties shall appear before the State Commission on 24.04.2023.
The Registry is requested to send a copy each of this Order to the parties in the appeal and to their learned counsel immediately. 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.