Per – Hon’ble Mr. P. N. Kashalkar, Presiding Judicial Member

          Heard Adv. June Goveja instructed by Thakore Jariwala & Associates on behalf of the Revision Petitioner/original Opponent and Mr. Ashok Pritamdas Shahani, Respondent/original Complainant in person.

[2]     This is a revision petition filed by the original Opponent against an order dated 10/2/2012 passed by Central Mumbai District Consumer Disputes Redressal Forum (hereinafter referred to as ‘the District Forum’ for the sake of brevity) in Consumer Complaint No.212 of 2011, Mr. Ashok P. Shahani Vs. The Chief Executive Officer, Hathway Cable and Datacom Ltd.  By the impugned order, the District Forum directed to proceed with the complaint in absence of written version of the original Opponent since the District Forum found that the Revision Petitioner/original Opponent had already sought three adjournments for filing its written version.  The District Forum, therefore, directed to proceed without written version by an order dated 10/2/2012.

[4]     During the course of arguments, since the Respondent/original Complainant was present, he expressed desire that the Revision Petitioner/original Opponent may be given another chance to file its written version provided sufficient costs are imposed on the Revision Petitioner/original Opponent since the Revision Petitioner/original Opponent is guilty of dilatory tactics to prolong the litigation.  We agree with him and we are inclined to give a second innings to the Revision Petitioner/original Opponent to file its written version and contest the matter.

          Hence, we pass the following order:-

ORDER

Revision Petition is hereby allowed.

Impugned order dated 10/Feb/2012 passed by the Central Mumbai District Consumer Disputes Redressal Forum in Consumer Complaint No.212 of 2011 is hereby quashed & set aside subject to payment of costs of `10,000/- to be paid to the Respondent/original Complainant by the Revision Petitioner/original Opponent.

Revision Petitioner/original Opponent is hereby permitted to file its written version in the District Forum on the very first date on which they shall appear before the District Forum.

We direct both the parties to appear before the District Forum on 29/March/2012.  On that date the Revision Petitioner/original Opponent shall tender costs imposed to the Respondent/original Complainant and shall also tender its written version without fail in the pending complaint.

Pronounced and dictated on 22^nd March, 2012