Hon’ble Mrs. Dipa Sen (Maity), Presiding Member
Order No.10
Ld. Counsel appearing for the Revisionist/Petitioner is present.
Today is fixed for passing order upon the Revision Petition filed by the Revisionist/Petitioner.
Heard the Ld. Counsel for the Revisionist/Petitioner at length and in full.
Considered the submission of the Ld. Counsel.
Perused the contention of the materials on record including the impugned order passed by the Ld. District Consumer District Redressal Commission, Howrah in connection with compliant case No. CC/254/2021 dated 27 April, 2022 vide order No.7 whereby Ld. DCDRC Howrah was pleased to pass the following order:-
“Keeping in mind the relevant order of Hon’ble Supreme Court regarding service of notice during Covid Period exceeding up to 28-02-2022 and even we start calculating the period of limitation on and from 01-03-2022 till date the entire period clearly crosses the statutory period of filing Written Version. So, in no circumstances Written Version showing the reply of O.P No.1 against Complainant (probably W.V) cannot be accepted.
In the results the case do proceed ex-parte against Opposite Party Nos. 1 & 2,
Fixed 14-07-2022 for evidence on affidavit by Complainant”
Being aggrieved and dissatisfied with the above order of the Ld. Commission below Opposite Party Reliance General Insurance Co. Ltd has preferred this present Revision Petition on the ground as stated in the body of Revision Petition.
By virtue of this revision petition the Revisionist/Petitioner has prayed for setting aside the impugned order dated 27-04-2022 and prayed for passing necessary order so that they can file Written Version before the Ld. Commission and to contest the complaint case.
It is further submitted by the Ld. Counsel of the Revisionist/O.P No.1 that the reply which was filed in response to the Complainant already filed by the Revisionist/O.P No.1 on 27-04-2022 before the Commission below be treated as Written Version and the same may be accepted after setting aside the order passed by the Ld. Commission below on 27-04-2022.
According to the Revisionist/Petitioner the Commission below was erred in passing the order stating that the case do proceed ex-parte against O.P Nos.1 & 2 on the ground that “on and from 01-03-2022 till date (27-04-2022) the entire period clearly crosses the statutory period of filing Written Version, so in no circumstances Written Version showing the reply of O.P No.1 against Complainant cannot be accepted”.
The Ld. Commission below was erred in not considering the inconvenience caused by the Revisionist/Petitioner during Pandemic situation. The Ld. Commission below has exercised jurisdiction not vested in it by law or has failed to exercise a jurisdiction so vested, or has acted in exercise of its jurisdiction illegally or with material irregularity and passed a wrong order contrary to laws and principle of natural justice and thereby ignored principle of natural justice.
Ld. Counsel appearing for the Revisionist/Petitioner has drawn our attention to the judgment of the Hon’ble Apex Court passed in SUO MOTU WRIT PETITION (C) of No.3 of 2020 and submitted that the delay should be condoned. It has also been submitted by the Revisionist/Petitioner that during Pandemic situation the Advocate for the Revisionist/Petitioner O.P NO.1 could not contact the concerned officer of the company for necessary instruction for drafting the W/V.
The Hon’nble Apex Court on 10th January, 2022 in MA No.21 of 2022 in MA No.665 of 2021 in SUO MOTU WRIT PETITION (C) of No.3 of 2020 IN RE: COGTNIZANCE FOR EXTENSION OF LIMITATION was pleased to waive the limitation period from time to time and was further pleased to extent the said period of limitation upto 01-05-2022 considering the prevailing Covid-19 period. The Hon’ble Supreme Court has further observed in that case that, “in cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply”.
The Hon’ble Supreme Court by an order dated 23-03-2020 has extended the period of limitation prescribed under the general law or special laws whether compoundable or not with effect from 15-03-2020 till further orders. The Order dated 23-03-2020 was extended from time to time due to the outbreak of Covid-19.
Considering all aspects from all angles and the observation of the Hon’nble Apex Court in SUO MOTU WRIT PETITION (C) of No.3 of 2020 IN RE: COGTNIZANCE FOR EXTENSION OF LIMITATION
We are of the considered view that the Covid -19 Pandemic situation was prevailing at that relevant point of time and the the Revision Application should be allowed for the ends of justice and the Revisionist/Petitioner should be given an opportunity to contest the case by filing Written Version.
The impugned order passed by the Ld. DCDRC, Howrah vide order No.7 dated 27 April, 2022 is hereby set aside.
Ld. Commission below is requested to accept the Written Version and thereby allow the present Revisionist/Petitioner O.P No.1 to contest the case for the ends of justice.
Both parties are directed to appear before the Ld. Commission below for receiving further order.
Let the copy of this order be transmitted to the Ld. DCDRC, Howrah forthwith for information and taking necessary action.
Interim order, if any, be vacated forthwith.
Accordingly, the Revision Petition is hereby allowed and disposed of.
Note accordingly.
