KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
REVISION PETITION No. 86/2022
ORDER DATED: 24.03.2023
(Against the Order in C.C. 159/2022 of CDRC, Kannur)
PRESENT:
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
SRI.RANJIT. R : MEMBER
SMT. BEENA KUMARY. A : MEMBER
SRI. RADHAKRISHNAN K.R. : MEMBER
REVISION PETITIONERS:
- Dr. Shanthi, Veterinary Surgeon, Veterinary Dispensary, Elayavoor.
- Nodal Officer, Deputy Director(AH), District Animal Husbandry Department, Kannur.
(By N.C. Priyan, Addl. Govt. Pleader)
Vs.
RESPONDENT:
C. Bhanumathi, Dreams, Elayavoor P.O., Mundayad, Kannur-670 597.
ORDER
SMT. BEENAKUMARY. A : MEMBER
The revision petitioners are the opposite parties before the Consumer Disputes Redressal Commission, Kannur (District Commission for short) in C.C. No. 159/2022. Respondent is the complainant.
2. The complaint is regarding an insurance claim on the death of a cow. The revision petitioners/opposite parties did not file version before the District Commission. Therefore, the District Commission declared the opposite parties ex-parte on 02.11.2022. Against that order the opposite parties have filed this revision petition.
3. As per the Consumer Protection Act, the time stipulated for filing version is 30 days, which period is subject to an extension that may be granted by the District Commission of a maximum of 15 days. In view of the authoritative pronouncement of the Constitution Bench of the Apex Court in New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. (2020)5 SCC 757 the time limit fixed for filing version cannot be extended beyond the statutory limit, by the District Commission or this Commission.
In these circumstances, the order passed by the District Commission is correct.
In the result, the revision petition is dismissed. No order of costs.
Sd/-
JUSTICE K. SURENDRA MOHAN : PRESIDENT
Sd/-
RANJIT. R : MEMBER
Sd/-
BEENA KUMARY. A : MEMBER
Sd/-
RADHAKRISHNAN K.R. : MEMBER
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