SOUTH DELHI UNIVERSITY TEACHERS' CO-OPERATIVE GROUP HOUSING SOCIETY LTD. vs MADHU RATHOUR

IN our opinion the impugned order passed by the State Commission striking off the defence of the Opposite Pary is not warranted by the Provisions of the Consumer Protection Act. It is no doubt true that the Opposite Party had not filed its written objections within the period allowed by the statute and it was well within power of State Commission to hear and dispose of the case without granting further time to the Opposite Party for filling its objections. But even in such event the Opposite Party had every right to be heard in defence by making its oral submissions before the State Commission both on the questions of fact as well as on the questions of law. IN the absence of any provision in the Consumer Protection Act/such as the one contained in the Civil Procedure Code, empowering the Forum to impose a bar as against the Opposite Party from putting forward any defence of the case by the process of "striking off defence", there is no warrant for passing such an order and depriving the Opposite Party of its natural and legal right to put forward its defence by making oral submissions before the Forum when the case is taken up for arguments and hearing. INasmuch as this right has been illegally denied to the Revision Petitioner by the impugned order, it must be held to have been passed without jurisdiction.

WE consider that in the interests of justice, an opportunity may be given, though at this belated stage, to the Opposite Party to file its written statement of objections on terms as to payment of costs. Hence we direct that the Opposite Party may file such written statement of objections within two weeks from today subject to the condition that a sum of Rs. 2,500/- shall be paid by the Opposite Party to the complainant Dr. Madhu Rathour either personally or through Advocate and a receipt evidencing such payment is also produced alongwith the written statement when it is filed within two weeks. The State Commission, will, thereafter proceed and try the case and decide on the matters after considering all the points raised by both sides. The case being an old one it is to be assumed that the State Commission will give it priority and dispose it immediately. Order set aside.