United India Insurance Company Ltd vs Garware Polyester Limited & Ors

This appeal arises out of order dated 22.02.2019 passed by the National Consumer Disputes Redressal Commission, New Delhi (for short "the National Commission") in Complaint Case No.1951 of 2018.

In the present case, there was a delay of 75 days in filing written version to the complaint lodged by the present respondent. According to the record, the period to file the written version expired on 07.12.2018 while the appellant sought to file written version on 20.02.2019.

The National Commission took the view that since the written version was not filed within stipulated time, the right of the appellant to file the written version stood closed. The direction passed by the National Commission is presently under challenge.

At the time of issuance of notice on 26.04.2019, this Court directed the appellant to deposit a sum of Rs.1,00,000/- (Rupees one lakh only) and according to the office report, said amount stands deposited in the Registry of this Court.

We have heard learned counsel for both sides.

In our view, the ends of justice would be met if out of the money deposited, a sum of Rs.50,000/- (Rupees fifty thousand only) is made over to respondent no.1 by way of costs to compensate the respondent for the delay in filing the written version by the appellant. We order accordingly and direct that the amount of Rs.50,000/- be made over to respondent no.1.

We also direct the present appellant to file its written version in Complaint Case No.1951/2018 within seven days from today. In case the written version is not filed within the time stipulated, the order passed by the National Commission shall stand revived.

Upon filing of written version within seven days, Complaint Case No.1951/2018 shall be considered on merits and in accordance with law.

We direct the Registry to make over the balance sum of Rs.50,000/- to the Mediation & Conciliation Project Committee.

The civil appeal stands disposed of in aforesaid terms.