This first appeal No.1016 of 2016 has been filed against the order dated 13.07.2016 passed by the State Consumer Disputes Redressal Commission, Maharashtra, (in short ‘State Commission’) in CC/15/770, whereby the opposite party has not been allowed to file written version.

2.    Heard the learned counsel for the appellants as well as for the respondents.  It was argued by learned counsel for the appellants that on 13.07.2016 the following order was passed by the State Commission:-

“Advocate Shri P.K.Gaikwad for complaint present.  Advocate Shri Deshpande for opponent present.  Filed vakalanama.Taken on record.  Complaint is admitted on 16/12/2015.  It is mentioned on Vakalatnama which is filed by Advocate Shri Despande that notice was received on 10/3/2016.  The service of notice was after admission.  Hence, from that date written version is to be filed within 45 days.  As 45 days are already over written version cannot be accepted.  Complaint to proceed without written version of opponent.Adjourned for filing of evidence affidavit of complainant.Adjd to 16/11/2016.”

3.     It was argued by the learned counsel for the appellants that the matter was listed on 12.1.2016 and the matter was adjourned to 16.3.2016.  On 16.03.2016 this was before the Circuit Bench.  However, the Bench did not meet on that date.  Thus, there was no possibility of filing of the written statement on that date.  Thereafter the case was taken up on 13.07.2016 when the learned counsel for the appellants wanted to file the written statement, but, the same was not taken on record.  It is mentioned in the order dated 13.7.2016 that the complaint was admitted on 16.12.2015 and that notice was received on 10.3.2016.  The service of notice was after admission. Hence, from that date written version is to be filed within 45 days.  As 45 days are already over written version cannot be accepted.  It was prayed by the learned counsel for the appellants that had the Circuit Bench met on 16.03.2016, the appellants would have filed the written version within time.  Therefore, the delay is due to circumstances beyond the control of the appellants. The learned counsel for the appellants referred to the recent judgment by Hon’ble Supreme Court in Reliance General Insurance Company Ltd. & Anr. Vs. M/s. Mampee Timbers and Hardwares Pvt. Ltd. &anr. [Civil Appeal No… of 2017 (D No.2365 of 2017) decided on 10.2.2017, wherein the Hon’ble Supreme Court has allowed the consumer forum to accept the written statement by condoning the delay in deserving cases on cost.

4.      On the other hand, learned counsel for the respondents stated that the matter has been taken lightly and casually by the appellants. In the order dated 13.7.20016, The State Commission has stated that the notice was received on 10.3.2016, whereas, in the memo of appeal the appellants have mentioned that it was received at branch office on 5.1.2016. The learned counsel emphasised that if this Commission allows the submission of the written statement, then it must be allowed on heavy cost.  Hon’ble Supreme Court in the case of Reliance General Insurance Company Ltd. & Anr.Vs. M/s. Mampee Timbers and Hardwares Pvt. Ltd. & anr. (supra) has directed as follows:-

““We consider it appropriate to direct that pending decision of the larger bench, it will be open to the concerned Fora to accept the written statement filed beyond the stipulated time of 45 days in an appropriate case, on suitable terms, including the payment of costs, and to proceed with the matter”.     

5.     For disposal of the complaint on merits, it is necessary that versions of both the parties are available on the case file.  Hence, in the interest of justice and relying on the judgment of the Hon’ble Supreme Court in Reliance General Insurance Company Ltd. & Anr. Vs. M/s. MampeeTimbers and Hardwares Pvt. Ltd. & anr.(supra), the appeal is allowed and the order dated 13.7.2016 of the State Commission is set aside.  The appellants are allowed to file written statement within a period of four weeks from today before the State Commission which shall be taken on record by the State Commission subject to payment of cost of Rs.20,000/- (Rupees Twenty Thousand only) to be paid to the respondent No.2 by the appellants before filing the written statement before the State Commission.

6.    This Commission vide its order dated 04.11.2016 had stayed further proceedings before the State Commission. Based on the above order, the stay of the proceedings in the State Commission is vacated.  Parties to appear before the State Commission on 29.05.2017.