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Judgment
Taken up through video conferencing.
This appeal has been filed under Section 51(1) of The Consumer Protection Act, 2019 (the new Act, in force w.e.f. 20.07.2020) in challenge to the Order dated 10.12.2019 of The State Consumer Disputes Redressal Commission, Maharashtra in Consumer Complaint No. 15 of 2019.
Heard the learned counsel at admission. Perused the material on record, including inter alia the application for condonation of delay, the impugned Order dated 10.12.2019 of the State Commission and the memorandum of appeal.
In the interest of justice, to provide fair opportunity to the appellant, to decide the matter on merit, the reported delay of 26 days in filing the appeal is condoned.
The appeal has been filed against an interlocutory Order of the State Commission, which reads as below:
C.C. No.: 15/2019
Date : 10.12.2019
Complainant and his Advocate. Shri Gangakhedkar absent. Opponent and his advocate Shri A. S. Gaikwad also absent. On earlier date opponent filed written version by filing delay condonation application. There is delay in filing written version. Matter is for reply by complainant, however reply is not filed. Later on, Advocate. Shri A. S. Gaikwad for opponent appeared submitted on affidavit that earlier opponent has engaged another advocate and thereafter he is going to take instructions. There is no reply filed by complainant to said application. The submission of opponent on affidavit accepted and delay which is caused in filing W.S. is hereby condoned, by relying on the judgment in case of (i) Reliance General Insurance Co. Ltd., & Anr. Vs. M/s Mampee Timbers & Hardware Pvt. Ltd. & Anr., and (ii) Trans India Ltd., vs. M/s C. K. International & Another, http//indiakanoon.org/d.c./61588842 Matter is adjourned for evidence to next date 27.01.2020.
Vide the said Order delay in filing written version has been condoned. The Order was passed on 10.12.2019. At that time delay in filing written version beyond the statutory period of 30 days and the extended period of 15 days thence i.e. beyond total 45 days provided under Section 13(1)(a) of The Consumer Protection Act, 1986 (the old Act, then in force) could be condoned 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. The subsequent judgment dated 04.03.2020 of Hon'ble Supreme Court in New India Assurance Co. Ltd. vs. Hilli Multipurpose Cold Storage Pvt. Ltd. and connected matters wherein it has been held that the consumer protection fora have "no power to extend the time for filing the response to the complaint beyond the period of 15 days as envisaged under Section 13 of the Consumer Protection Act" is prospective in its operation ("This Judgment to operate prospectively.").
The appeal is dismissed as bereft of merit.
The Registry is requested to send a copy each of this Order to all parties in the appeal immediately. The stenographer is also requested to upload this Order on the website of this Commission immediately.