ORAL

                STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  REVISION NO. R/30/2023

                       (Against the order dated 02-02-2023 in Complaint Case No.

                           117/2020 of the District Consumer Commission, Meerut )

Meerut Development Authority

Meerut

Through its Vice Chairman

                                                                                      ...Revisionist

                                                     Vs.

Shri Daya Chand Jain

S/o Late Shri Bhullan Singh Jain

R/o H-16 Shastrinagar

Meerut

                                                                                      ...Opposite parties

BEFORE:

HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

For the Revisionist         :   Sri Piyush Mani Tripathi, Advocate.

For the Opposite Party   :                           -

Dated :  21-04-2023

                                                  ORDER

      MR. JUSTICE ASHOK KUMAR, PRESIDENT

          This revision is filed against the order dated 02-02-2023 passed by the learned District Consumer Commission, Meerut in Complaint Case No. 117/2020 by which the learned District Consumer Commission, Meerut has rejected the application filed by revisionist for written statement to be taken on record on the ground that the same has been filed beyond the prescribed period of 30 days, plus 15 days extra time allowed, i.e 45 days.

The submission of learned Counsel for the revisionist is that the complaint has been filed on 14-09-2020 and thereafter the written statement has been filed by the opposite party before the District Consumer Commission, Meerut in Complaint No. 117/2020 on 05-03-2021which has not been taken on record and the application for taken on record the said written statement has been rejected.

Counsel for the revisionist has placed reliance of an order of the Hon’ble Apex Court in Re Cognizance for Extension of Limitation, Suo Motu Writ (Civil) No. 3 of 2020 In Miscellaneous Application No.665 of 2021 In Miscellaneous Application No. 21 of 2022 in which the Hon’ble

:2:

 Apex Court has clarified that the period from 15-03-2020 till 28-02-2022 shall also stand excluded in computing the periods prescribed under any general or special laws in respect of all judicial or quasi judicial proceedings.

The submission, therefore, is that the period in which the application and the written statement has been filed is within the period as clarified by the Hon’ble Apex Court in the aforesaid judgment.

Without going into the merit of the case, in my opinion, the submission of learned Counsel for the revisionist is correct, therefore, the order passed by learned District Consumer Commission, Meerut dated 02-02-2023 is set aside and the learned District Consumer Commission, Meerut is directed to accept the application and written statement filed on 05-03-2021 and treat it that the same has been filed within the stipulated period of 45 days and proceed in accordance with law and decide the complaint within a period of one year from the date of production of certified copy of this order.

Accordingly the revision is disposed of.

The stenographer is requested to upload this order on the Website of this Commission at the earliest. 

Let certified copy of this judgment be provided to the parties as per rules.

                                     ( JUSTICE ASHOK KUMAR )                  

                                                   PRESIDENT                                            

            Pnt.