Manjeet Kaur vs Agarwal Properties & Colonizers

Prem Narain, J.

These revision petitions have been filed by the petitioners - Manjeet Kaur and Doli Kumari against the common order dated 13.02.2017 passed by

the State Commission in Revision Petition Nos. 07/2017 and 08/2017, wherein the application of the complainants/ petitioners moved for closing the

right of Opposite party for filing the written statement with delay, has been dismissed.

The District Forum had taken the written statement and rejected the application and the State Commission has endorsed the order of the District

Forum.

Learned counsel for the petitioners stated that in the light of the judgment of the Supreme Court in New India Assurance Co. Ltd. Vs. Hilli

Multipurpose Cold Storage Pvt. Ltd., Civil Appeal Nos. 10941-10942 of 2013, dated 04.12.2015, the written statement cannot be taken on record after

45 days from the date of receipt of notice. However, the same has been taken on record by the District Forum which is totally illegal.

On the other hand, the A.R. of the respondent, in person, states that he is ready to give the plot on the original cost, without any penal charges or

interest. He is not interested in further litigation.

Later on, both the parties agreed that the complainants shall pay Rs.1,29,000/- , separately, in both the cases to the respondent, within a period of

one month, by way of demand draft and the respondent shall handover the plot, immediately, at the time of registration. The registration charges shall

be borne by the respective complainants.

Both the parties have given these conditions of compromise, in writing, separately, which have been taken on record.

In the light of the judgment of the Hon’ble Supreme Court in Reliance General Insurance Company Ltd. & Anr. Vs. M/s. Mampee Timbers

and Hardwares Pvt. Ltd. And another [Civil Appeal No…..of 2017 (D. No.2365 of 2017) decided on 10.2.2017, whereby the Apex Court has

permitted Consumer Fora to accept the written statement filed with delay in appropriate cases, I do not find any force in the revision petitions.

However, both the parties have agreed by way of compromise to comply with the transactions as stated above.

Hence, these revision petitions are disposed of in terms of the compromise entered into between the parties as stated above. Parties to comply with

their respective undertakings. It shall be open to the parties to move to the District Forum if any of the party does not comply with the undertaking

given by them.

In the light of this compromise, after getting the plot, the complainants shall withdraw the complaints from the District Forum.

Both the above said revision petitions stand disposed of in terms of the above directions.