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Tribunals and CommissionsSingle Bench(2023) 07 NCDRC CK 0038

Mr Ashis Das & Ors vs Sri Dipak Kumar Sen & 2 Ors

National Consumer Disputes Redressal Commission · Decided on 5 July 2023

HON’BLE JUDGES
Ram Surat Ram Maurya, Presiding Member
RESULT
Allowed
CASE NUMBER
First Appeal No. 667 Of 2023

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Judgment

7 paragraphs · 331 words

Ram Surat Ram Maurya, Presiding Member

1.

Heard counsel for the appellants.

2.

The above appeal has been filed against the order of the State Consumer Disputes Redressal Commission dated 13.04.2022 passed in CC/249/2018, whereby the right of the appellants to adduce evidence has been closed.

3.

There is delay in filing of the appeal. The appellants have filed IA/8113/2023 for condoning the delay in filing the appeal. In the delay condonation application, the appellants have stated that against the order dated 13.04.2022, the appellants filed review application, which was rejected by State commission on 12.04.2023.  Thereafter, the appellants applied for certified copy of the order and the appeal was filed with due diligence. The cause shown is sufficient. The delay in filing appeal by the appellants is condoned.

4.

The appellants were granted time to file evidence by order dated 24.03.2022 and thereafter by order dated 13.04.2022 the right of the appellants to file evidence has been closed and the complaint was decided on merit.  The appellants have stated that the counsel for the appellants received injury on 21.03.2022 and he was advised for bed rest for four weeks. Therefore, he could not appear before the State Commission on 24.03.2022 and again on 13.04.2022 and the evidence could not be filed nor argument could be raised. Cause shown is sufficient.  The order dated 13.04.2022 is liable be set aside on costs of Rs.5000/-.The cost shall be paid to the complainant before the State Commission.

ORDER

The appeal is allowed.  The order dated 13.04.2022 is set aside.  The appellants shall pay costs of Rs.5000/- to the complainant before the State Commission. The appellants shall appear before the State Commission along with certified copy of this order as well as affidavit of evidence and documentary evidence if any on 09.08.2023. The State Commission shall accept the evidence along with costs on that day and proceed to decide the complaint in accordance with law, after giving opportunity of hearing to both the parties.