Heard learned counsel for the petitioner. Defects pointed out are ignored. We have gone through the certified copy of the order sheets.

2.        Learned counsel for the petitioner submitted that he has appeared after getting information and filed time petition to file written version. After appearance, he took time to file written version subject to receipt of the complaint and other documents. However, the learned District Commission observed that as 45 days are  over, O.P has lost his right to file written version. He also submitted that without observing  on what basis 45 days is completed, whether from the date of receipt of notice with complaint and documents or from date of notice.  In view of the decision of Hon’ble Supreme Court of India in New India Assurance Co.Ltd vs. Hilli Multipurpose Cold Storage (P)Ltd (2020) 5 SCC  the Tribunal has no jurisdiction to condone the delay beyond the prescribed period mentioned in the Statute unless it is proved that notice with complaint and documents are not received by OP.Therefore, he prays to set aside the impugned order by allowing  the OP/petitioner to file written version.

3.        Considered the submission. Perused the impugned orders dated 26.12.2022,28.02.2023 and 04.03.2023 which  not show the exact date of handing over the complaint petition and documents to the OP for which the written version was not accepted. It is simply observed that since  statutory period of 45 days was over for filing of written version, the time petition filed by the OPs for filing written version was rejected. The learned District Commission should be vigilant  about the order of the Hon’ble Supreme Court of India  which is binding on it. It is clearly observed by the Hon’ble Supreme court of Indiain New India Assurance Co. Ltd (Supra)that 45 days should be counted form the date of receipt of the notice along with complainant and also copies of documents. In the  instant case, the O.P stated that he has not received the copy of the complaint and enclosures. Therefore, the impugned order is liable to be set aside . It is  submitted that the learned District Commission without applying the judicial mind  and submission of learned counsel  for both sides  have passed  the impugned order. Therefore, the learned District Commission should be  directed to allow the O.P to  file written version  of course after receipt of the copy of complaint petition.

4.        In view of the aforesaid discussion, we  dispose of the revision petition with direction to the present petitioner to collect the copy of the complaint petition along with annexures from the office of District Commission within seven days and file written version thereafter and the learned District Commission would allow the O.P to receive the copy of the complaint petition along with annexures so as to file written version. Learned counsel for the petitioner is directed to appear before the learned District Commission on 08.05.2023 to take further instruction from it.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.