Heard learned counsel for the revision petitioner.

2.      Learned counsel for the petitioner  submitted that they have received the summon on 22.12.2022.Thereafter, they have not appeared on 09.01.2023.However, the matter is adjourned to 19.01.2023 for filing written version by the O.P. He also submitted that on 19.01.2023 the O.P remained absent but the learned District Commission deprived  O.P to file written version. However on 04.02.2023  the O.P advocate filed vakalatnama but no action was taken by the learned District Commission. He submitted that on 04.02.2023,  he received the copies of the complaint and appeared  through their advocate but no order was passed to give time for filing written version. On that date complainant was absent. It is submitted further that the learned District Commission committed error in law by observing on 9.1.2023 that OP is deprived from filing written version when 30 days have not passed from the date of  receipt of the notice with copies of the complaint. He relied on the judgment of Hon’ble Apex Court passed in New India Assurance Co.Ltd. vrs. Hilli Multipurpose Cold Storage2020 SCC 757.So he submitted to set aside the impugned order and allow him to file written version and participate in hearing of complaint.

3.       Considered the submission.Perused the impugned order as well as documents submitted by the learned counsel for the petitioner. It is admitted fact that on 22.12.2022 OP received the summon to appear. However, on 19.01.2023 without any reason the O.P. was deprived of to file written version. It is submitted by the learned counsel for the O.P. that on 04.02.2023 not only the O.P appeared but also the O.P took time to file written version but no such observation is in the impugned order.On 19.01.2023, it does not show that 45 days is over by the time after the notice issued on 12.12.2022. In view of the order of the Hon’ble Supreme Court of India passed in New India Assurance Co.Ltd. vrs. Hilli Multipurpose Cold Storage decided on 4.3.2020written version is to be filed within 30 days or with extended period of 15 days further from the date of receipt of the notice along with complaint. When on 04.02.2023 complainant served with the copy of the complaint petition on the OP  along with documents the limitation starts from 04.02.2023 but  the learned District Commission has passed an order on 19.01.2023 to hear the complaint case ex parte without giving opportunity to file written version by the present petitioner.

4.      In view of above discussion, we are of the view that the order dated 19.1.2023 passed by learned District Commission depriving present petitioner to file written version is set aside. We hereby direct the learned District Commission to accept the written version from present petitioner/OP in complaint case and proceed with the complaint case and dispose of the complaint case within 45 days from the date of receipt of this order. The petitioner is directed to appear before the learned District Commission on 04.04.2023 to take further instruction from it.