PAN RELATIONS PVT. LTD. THROUGH ITS DIRECTOR/AUTHORIZED REPRESENTATIVE vs PRIYANK KUMAR SINGHAL S/O. SH. JAIPRAKASH

This first appeal has been filed under section 19 read with section 21(a)(ii) of the Consumer Protection Act, 1986 challenging the impugned order dated 30.05.2016, passed by the Delhi State Consumer Disputes Redressal Commission (hereinafter referred to as ''the State Commission'') in Consumer Complaint No. C-652/15, vide which the right of the appellants/opposite parties (OPs) to file written version to the complaint was closed on the ground that the same was not filed within the statutory period laid down under section 13 of the Consumer Protection Act, 1986. Notice of the appeal was sent to the respondent, who entered appearance through counsel.

The impugned order dated 30.05.2016 passed by the State Commission reads as follows:-

"Present: Sh. Priyank Kr. Singhal, Complainant in person alongwith his counsel Sh. Jai Prakash.

Sh. Ashu Vashishta, Counsel for the OP-1&2

Ms. Ridhima Chatwal, Counsel for the OP-3.

OPs have not filed written statement

The time limit of 30 days as well as extended time for 15 days for filing written statement as provided under section 13 of the C P Act has already lapsed.

In view of judgment of Hon''ble Supreme Court in Civil Appeal No.10941-10942 of New India Assurance Co. Ltd. Vs. Hilli Multi Purpose Cold Storage Pvt. Ltd. decided on 4.12.15 further time cannot be granted. The right of OPs to file written version stands closed.

Let complainant to file evidence by way of affidavit alongwith written arguments.

OPs shall also at liberty to file their written arguments.

Re-notify on 31.8.2016."

During arguments before me, the learned counsel for the appellant stated that after receipt of notice of the complaint from the State Commission, they had put in appearance before the said Commission on 24.02.2016. However, they could not file their written statement in time as the Director of the appellant company passed away on 05.03.2016. They had filed the written statement on 30.05.2016. There was a delay of about 45 days in filing the written statement, which should be condoned and the written version should be taken on record. The learned counsel has drawn attention to an order passed by the Hon''ble Supreme Court in " Reliance General Insurance Co. Ltd. & Anr. vs. M/s Mampee Timbers & Hardwares Pvt. ltd. & Anr. [Civil Appeal D. No. 2365 of 2017 decided 10.02.2017]", saying that as per the view taken in the said order, the consumer fora could accept the written statement on suitable terms including the payment of costs etc.

The learned counsel for the respondent stated, however, that there was no valid justification on the part of the appellant, not to file the written statement within the extended period of 45 days as permissible under the Act. In fact, vide resolution passed by their company on 30.03.2015, Ravikant Seth, authorised representative had been given the authority to contest all legal cases. According to the learned counsel, there was a delay of about 88 days in filing the written statement and the same should not be condoned.

I have examined the entire material on record and given a thoughtful consideration to the arguments advanced before me.

It is clear that the appellants failed to file the written statement before the State Commission within the permissible period of 45 days, as stated in section 13 of the Consumer Protection Act, 1986. Although, the date of service of the notice sent by the State Commission has not been indicated in the appeal, but the appellants have admitted that they entered appearance before the State Commission on 24.02.2016. It was, therefore, their duty to file the written statement within a period of 45 days, i.e., upto 08.04.2016. The State Commission relied upon the order in the case, "New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. " [Civil Appeal No. 10941 - 10942 of 2013 dated 04.12.2015] , and refused to entertain their written statement. However, as stated in the order dated 10.02.2017 by the Hon''ble Supreme Court in Reliance General Insurance Co. Ltd. & Anr. vs. M/s Mampee Timbers & Hardwares Pvt. Ltd. & Anr. (supra) , the matter had been referred to a larger bench of the Hon''ble Supreme Court for taking appropriate view. It has further been stated in the said order dated 10.02.2017 as follows:-

" We consider it appropriate to direct that pending decision of the larger bench, it will be open to the concerned Fora to accept the written statement filed beyond the stipulated time of 45 days in an appropriate case, on suitable terms , including the payment of costs, and to proceed with the matter. "

Following the above decision of the Hon''ble Supreme Court, I deem it in the interest of justice that the written statement filed by the appellant on 30.05.2016 should be allowed to be taken on record subject to payment of cost of 25,000/- to the respondents, and I order accordingly. The said cost shall be paid within a period of four weeks from today. This First Appeal is allowed in the above terms.