Today is fixed for hearing of petition filed by O.P. Dr. Bani Prasad Chatterjee on 05-01-2017 to vacate the order passed against him for exparte for fixing date of hearing and for acceptanceof W.V. filed by him.

This case is being conducted by the Complainant in person.

Complainant files Written Objection against this petition.  Copy served.

Ld. Advocate for O.P. is also present by filing his hazira.

Petition dated 05-01-2017  is taken up for hearing.

Heard Ld. Advocate for the O.P. and the Complainant.

Perused the petition dated 05-01-2017 filed by the O.P. and the W/O filed by the Complainant and materials on record.

It appears from Order no.3 dated 10-02-2016 that Dr. Bani Prasad Chatterjee / O.P.hasappeared in this case on 10-02-2016 and has also filed petition for time to file W.V. and also has filed another petition to make direction upon the Complainant to supply copies of documents to this O.P.

So, it appears from this order that this O.P,.has appeared in this case on 10-02-2016.

It also reveals from materials on record that several adjournments were taken by this

O.P. to file W.V. and at last adjournment was granted to him to file W.V. given to the O.P. fixing 19-10-2016 as a last chance; but O.P. is found absent without any step on 19-10-2016.

So, this Forum fixed 05-01-2016 for exparte hearing of this case.

It also reveals from Order no.7 dated 05-01-2017 that  thisO.P. files W/V along with petition to vacate order passed against him for exparte hearing and also made prayer to accept W.V. filed by him on 05-01-2017.

So, it appears to us that this O.P. did not file W.V. within period of 45-days from the date of his appearance and prayed for adjournment beyond more than 45-days from the date of his appearance in this case.

This Complainant has made objection by filing W.O. against the petition filed by O.P. for vacating order of exparte hearing passed against O.P.  It is laid down in sub-section 2 clause (a) of section 13 of the Consumer Protection Act, 1986 that “Refer the copy of such complaint to O.P. directing him to give his version of the case within a period of thirty (30) days or such extended period not exceeding fifteen (15)  as may be granted by the District Forum.”

So, in view of section 13(2)(a) of the Consumer Protection Act, 1986 that O.P. is to file W.V. by 30-days from the date of receipt of notice or from the date his appearance whichever is earlier.

So, we find that this Forum has no jurisdiction to extend and accept W.V. filed beyond 45-days from the date of appearance of O.P.

This Forum has  jurisdiction only to extend period to file W.V. within limit of 45-days from the date of appearance of this O.P. in this case ; but in this case this O.P. has filed W.V. along with petition to vacate exparte hearing on 05-01-2017 as it reveals from Order no.7 dated 05-01-2017 and this O.P. has made his appearance in this case on 10-02-2016 i.e. about 10-months from the date of his appearance.

It has been observed by the Hon’ble Apex Court reported in 2016 (1) CPR page 123 (SC), New India Assurance Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. inter alia that “Consumer Protection Act, 1986 –Section 13(2)(a) – Written Statement – Limitation – O.P. is given 30-days’ time for giving his version and said period for filing or givingversion can be extended by District Forum ; but extension should not exceed fifteen days – Upper Cap of 45-days  has been imposed by the Act for filing version of O.P. – District Forum can grant further period of 15-days to O.P. for filing his version or reply and not beyond that.”

So, in view of above observation of the Hon’ble Apex Court and in view of section 13(2)(a) of Consumer Protection Act, 1986 we are of the opinion that this District Forum has got no jurisdiction to extend further time beyond 45-days to file W.V.; as O.P. has filed W.V. along with petition to vacate the order of exparte hearing beyond 45-days from the date of his appearance in this case.

So, we hold that this Forum has got no jurisdiction to accept the W/V filed by the O.P. after vacating order of exparte hearing passed against O.P.

In view of the above facts & circumstances and discussion made above we hold that the petition filed by the O.P. on 05-01-2017 for acceptance of W/V filed by him on 05-01-2017 after vacating order of exparte hearing is liable to be rejected.

Hence, it is

Ordered

That the petition filed by O.P. on 05-01-2017 filed by O.P. for acceptance of W / V filed by him on 05-01-2017, after vacating the order of exparte hearing is hereby rejected on contest but without cost.

Fix  12-09-2017 for exparte hearing.

Let a plain copy of this Order be supplied to the parties free of cost.