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Judgment
Karuna Nand Bajpayee, Presiding Member
This appeal has been filed under section 19 of The Consumer Protection Act, 1986 in challenge to the Order dated 08.01.2019 of the State Commission in complaint no. 100 of 2018.
No one appears for the respondents through the record shows that they are duly represented by their counsel.
The ideal normative period to decide an appeal is 90 days of its admission (Section 19A of the Act 1986; Section 52 of the Act 2019). The present appeal was filed on 06.06.2019 and notice was ordered to be issued on 16.10.2019, more than 3½ years back. No good reason to delay the hearing any further is visible, and it is deemed appropriate to decide the matter on its merits on the basis of the record after hearing learned counsel, much more so because the issue involved in the matter is not any complicated issue of fact or law and it involves only the first principle of natural justice.
Heard the learned counsel appearing for the appellant (i.e. the opposite party no. 2 before the State Commission). Perused the record including inter alia the State Commission’s impugned Order dated 08.01.2019 and the memorandum of appeal.
The appeal impugns an interlocutory Order dated 08.01.2019 of the State Commission vide which the appellant i.e. the opposite party no. 2 before the State Commission was ordered to be proceeded against ex parte. The said Order is reproduced below for reference:
Dated: 08th January, 2019
ORDER
Adv. Gajbhiye is present for the Complainant. Advocate for the opponent No.1 is present. He has already filed written version of opponent no.1 on record alongwith application for condonation of delay. Copy be given to Complainant. Complainant to give reply to that application. Complainant has filed track report on record to show that Opponent no.2 is served. No one present for Opponent No. 2 though served. Complaint proceeded ex-parte against Opponent No. 2. Adjourned on 10/04/2019.
Learned counsel appearing for the appellant has tried to explain that circumstances which prevented the appellant from appearing on the date fixed before the State Commission and has also taken the Bench to the grounds of the appeal. The submission is that the Order dated 08.01.2019 of the State Commission to proceed ex parte against the appellant shall cause gross prejudice and irreparable damage to his interest and he would remain undefended and such a course may eventually lead to complete miscarriage of justice.
Though not 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, this Bench feel it just and appropriate that an further opportunity may be provided to the appellant / opposite party no.2 to contest his case before the State Commission on merits.
As such, the impugned Order dated 08.01.2019 of the State Commission is set aside. The appellant is granted opportunity to appear before the State Commission and contest the case on merits. It is directed that the appellant/ opposite party no.2 shall file his written version before the State Commission within 30 days from today failing which his right to file written version shall obliterate. The State Commission is requested to take the written version of the appellant / opposite party no.2 on record, if filed within 30 days from today. It would then give opportunity to the complainants to file their rejoinder thereto, and 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, the written version of the appellant/ opposite party no.2 shall not be taken on record for consideration, and the State Commission shall so proceed further.
The appellant / opposite party no. 2 is sternly advised to conduct his case properly before the State Commission.
The parties are directed to appear before the State Commission on 23.08.2023, the date already fixed. If any of the respondent herein does not appear before the State Commission either in person or through its legal representative / counsel, notice shall be issued to them in order to proceed further in accordance with law.
The Registry is requested to send a copy each of this Order to the parties in the appeal and to their learned counsel within 03 days. 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.