Mahavir Motors - Adishwar Auto Diagnostics Pvt. Ltd vs Mahmood Builders Pvt. Ltd. & 4 Ors

The present Appeal has been filed against the order dated 24.07.2019, passed by the Telangana State Consumer Disputes Redressal Commission at Hyderabad (hereinafter referred to as the State Commission), whereby the State Commission directed to proceed ex-parte against the present Appellant as nobody had appeared on the date fixed by the State Commission.

We have heard Mr. K.S. Rama Rao, learned Counsel for the Appellant, Mr. Zeeshan Adnan Mahmood, who is Complainant No.2 and has appeared in person, as also Mr. Shabbeer Ahmad, who represents Respondent No.4, and have perused the impugned order passed by the State Commission.

Learned Counsel for the Appellant submitted that the summons/notice in Complaint Case was received by one of the staff of the Appellant, who did not put-forth the same before the higher officials due to workload and it was also misplaced and, therefore, the Appellant could not engage Counsel and appear before the State Commission on the date fixed i.e. 24.07.2019 and, therefore, the order passed by the State Commission, directing to proceed ex-parte may in the interests of justice be set aside so that the Appellant may file the written version within the remaining period of the maximum statutory period of 45 days as provided under Section 13(1)(a) of the Consumer Protection Act, 1986 (for short the Act).

Mr. Zeeshan Adnan Mahmood, Complainant No.2, arrayed as Respondent No.2 in the Appeal, who also appears for Respondent No.1, stated that sufficient cause has not been made out and the impugned order should not be set aside. According to him, the Appellant had filed an application for recall of the order dated 24.07.2019 before the State Commission and along with that application the Appellant did not file the copy of the written version, proposed to be filed by it, which shows that the Appellant is not at all interested in pursuing the matter.

We have given our thoughtful consideration to the various pleas raised by learned Counsel for the parties as also Complainant No.2, who has appeared in person, and are of the considered opinion that if the summons/notice is received by an employee of the Company and is not placed before the proper officials for taking further steps and if on that account nobody had appeared on the date fixed, sufficient cause has been made out for setting aside the order passed by the State Commission, whereby the matter was directed to proceed ex-parte against the present Appellant.

We accordingly set aside the impugned order insofar as it directs to proceed ex-parte against the present Appellant. The Appeal is allowed on payment of costs of Rs.30,000/- which shall be paid by the Appellant to the Complainants/Respondents No. 1 and 2 within two weeks from today. The Appellant is also permitted to file the written version within the remaining period of 45 days as provided under Section 13(1)(a) of the Act. We make it clear that no extension of time shall be granted for filing the written version and if it is not filed within the remaining period, the right to file the written version shall stand closed. Both the parties are directed to appear before the State Commission on 14.11.2019. We request the State Commission to decide the Complaint Case expeditiously in accordance with law, preferably within a period of six months, if possible.