M.C.No.613 of 2023

R.P. No. 69 of 2023

        Learned counsel for the petitioner submitted that they have challenged the order dated  12.04.2023  and subsequent orders  stating that the learned District Commission without going through the record passed the order  setting the OP exparte. The O.P filed a petition to set aside the exparte order but that was also rejected. Thereafter the O.p filed another petition on 08.05.2023 to review the order that was also rejected. He submits that he has filed  written version within time because he received the notice on  06.04.2023 . Therefore, he filed the present revision petition to set aside the impugned order and  allow the revision petition.

2.     Considered the submissions. Perused the copy of the orders dated 12.04.2023,08.05.2023 and 23.05.2023. The impugned order dated 12.04.2023  shows that  sine 32  days passed from the date of issue of notice and OP did not file written version, he was set exparte. Under the provision of the Consumer Protection Act, 2019 written version is to be filed within 30 days from the date of receipt of notice by OP. The learned District Commission should not passed such order without waiting for SR. However the tracking report shows only notice was served on 16.03.2023 fixing date to06.04.2023 for appearance. On 12.04.2023,30 days were not over for filing written version. Be that as it may that the O.P was set exparte on 12.04.2023.Since it is illegal, it is set aside  subsequently orders on 8.8.2023 & 23.8.2023 are also set aside. However, the O.P already filed written version and same should be  accepted by the learned District Commission.

3.      Therefore, the learned District Commission is directed to consider the written version already filed as per submission made by the O.P and proceed with the complaint case and disposed of same within 45 days from the date of receipt of this order. The petitioner is directed to appear before the learned District Commission on  17.07.2023 to take further instruction from it.

4.      Revision petition is disposed of accordingly.