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Judgment
A. P. Sahi, President Member
IA No. 14678 of 2023 (Delay Condonation Application)
Having heard learned counsel for the appellants and the learned counsel for respondents no. 1 and 2, the reported delay is of 24 days.
The cause shown in support of the delay condonation application is sufficient.
The application is allowed. The delay is condoned and the appeal shall be treated to be within time.
Appeal
This appeal was entertained on the short question that was framed in the order dated 20.11.2023 which is extracted hereunder:
This appeal has been filed questioning the order dated 17.07.2023 as well as the order passed in review application dated 14.09.2023 along with a delay condonation application being IA/14678/2023. There is a delay of 11 days in filing of this appeal. The cause shown is that it was a consultation with the lawyers that took some time in the filing of the appeal. The office has reported a delay of 24 days which appears to be on the counting of the delay with effect from the date of the original order which is dated 17.07.2023.
Learned Counsel states that evidence of affidavit was got notarised on 15.07.2023 and while the counsel was on his way to attend the State Commission, due to heavy rainfall could not reach on time, as a result the said evidence which had already been notarised could not be filed on 17.07.2023 on the date fixed.
Issue notice to the Respondents calling upon them to file a response to the delay condonation application as also to the contentions raised in the appeal, as the appeal can be disposed off at the admission stage itself in view of the limited relief prayed for.
Learned Counsel for the Appellant may take steps for service on the respondents. Learned Counsel will also place a copy of this order on the record of the State Commission where the matter is stated to be pending.
A copy of the evidence by way of affidavit that was sworn on 15.07.2023 and was proposed to be filed may be also filed along with an affidavit before this Commission.
List on 22.03.2024.
Notice in this appeal is not being issued to respondents no. 3 to 6 (opposite parties no. 3 to 6 in the complaint) as they had been proceeded ex-parte by the West Bengal State Consumer Disputes Redressal Commission (hereinafter referred to as the State Commission) vide order dated 28.09.2022 which they do not appear to have challenged.
Learned counsel for the appellants and the learned counsel for respondents no. 1 and 2 have consented to finally argue the appeal at the admission stage itself as they do not propose to file any further evidence or affidavits in this appeal.
A copy of the evidence on affidavit notarised on 15.07.2023 that was produced before the Bench on 20.11.2023 and was proposed to be filed by the appellants before the State Commission has been placed and a copy of the same has been given to the learned counsel for respondents no. 1 and 2.
Learned counsel for the appellants has passionately urged that the appeal can be allowed with an opportunity to the appellants to place the said evidence affidavit on record of the State Commission where the case is fixed for final hearing on 26.04.2024. He submits that the appellants are also ready to bear some reasonable costs which may be imposed.
Having heard learned counsel for the parties, the only issue is of accepting the evidence on affidavit notarised on 15.07.2023 that has been placed before the Bench and consists of 6 pages only. A copy of the same has been handed over to the learned counsel for respondents no. 1 and 2.
In the interests of justice, it would be appropriate to consider the said request on behalf of the appellants subject to the condition that no further adjournment shall be sought by them on any pretext and they shall appear before the Commission on the date fixed for arguments.
In the wake of the aforesaid undertaking given, the appeal is allowed to the limited extent that the order passed on 17.07.2023, debarring the appellants from filing any evidence through affidavit, is set aside and the affidavit notarised on 15.07.2023 which has been placed before the Bench shall be accepted on record by the State Commission to proceed with the matter to be heard finally, subject to payment of Rs.5,000/- as costs. Let the said costs be paid over to the respondents no. 1 and 2 within four weeks.
This order has been passed on the peculiar facts of this case.
The appeal is allowed on the above terms.