NCDRC

NCDRC

RP/1091/2010

RAJENDRA PRASAD SHRIVASTAVA - Complainant(s)

Versus

CHHATTISGARH STATE ELECTRICITY BOARD - Opp.Party(s)

IN PERSON

16 Apr 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 1091 OF 2010
(Against the Order dated 01/02/2010 in Appeal No. 70/1010 of the State Commission Chhattisgarh)
1. RAJENDRA PRASAD SHRIVASTAVA3 MIG, Punjabi Colony, Katora TalabRaipurChhattisgarh ...........Petitioner(s)
Versus
1. CHHATTISGARH STATE ELECTRICITY BOARDThe Assistant Engineer, (Town), Chhattisgarh State Electricity BoardJagdalpurChhattisgarh ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Petitioner :IN PERSON
For the Respondent :NEMO

Dated : 16 Apr 2010
ORDER

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Complainant filed an application to strike off the defence of the respondent on the ground that the written statement was filed by him beyond the extended period of 45 days as provided under the Act.  District Forum dismissed the application by observing that the written statement had been filed within 30 days of receiving the entire set of papers.  Earlier, the respondent had been served only with a notice but copy of the complaint along with documents were not served upon him. 

Petitioner being aggrieved, filed an appeal before the State Commission which has been dismissed holding that the written statement has been filed within prescribed period of 30 days of receiving the entire set of papers.  We agree with the view taken by the State Commission that the respondent had filed the written statement within 30 days of receiving entire set of papers.  It cannot be held that there was any delay on part of the respondent in filing the written statement.   Dismissed.

 



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER