Today is fixed for hearing of petition dated 12-06-2017 filed by O.P. no.1 to vacate order of exparte hearing along with Written Version with a prayer to vacate the order of exparte hearing and to accept the W.V. filed by O.P. no.1.
Let this petition be registered as Misc. Ca se No.38 of 2017.
Ld. Advocate for the both sides filed their respective hajiras.
Misc. Case is taken up for hearing.
Ld. Advocate for Petitioner / O.P. no.1 submitted before us inter alia that this O.P. could not be able to submit his W.V. within the stipulated period of 45-days. So, O.P. no.1 has made prayer to vacate the order of exparte hearing and to accept the W.V.; so that this O.P. no.1 could contest this case on the point as stated in his W.V. and to submit his defence.
Ld. Advocate for the Complainant referred two decisions 2017 (1) CPR page 166 (N.C.) and 2017 (1) CPR page 223(N.C.) and submitted inter alia that exparte order may be vacated after imposing cost.
Heard both sides. Perused the materials and the petition and the contents of this C.C. Case. It appears that this O.P. no.1 has already filed his W.V. ; but there was some delay exceeding 45-days to file W.V.
It has been observed to the Hon’ble National Commission reported in 2017 (2) CPR page 627 (NC) inter alia that extension in period for filing Written Statement can be made by District Forum even on their own.
So, in view of observation of the Hon’ble National Commission we find that this Forum has every jurisdiction to accept any W.V. filed exceeding period of 45-days as envisaged in section 13(1)(a) of the Consumer Protection Act, 1986.
It has also been observed by the Hon’ble National Commission reported in 2017(1) CPR page 166 (NC) inter alia that W.V. can be taken on record subject to appellants paying cost.
So, in view of the above observation of the Hon’ble National Commission we are of the opinion that this Forum has every jurisdiction to accept W/V filed beyond the period of 45-days. Moreover, it has been observed by the Hon’ble National Commission reported in 2017(1) CPR page 809 (NC) inter alia that no one should be condemn without hearing him.
In view of the above facts & circumstances and discussion made above and in view of observation of Hon’ble National Commission we are inclined to hold that O.P. no.1 should be an opportunity of being heard in this case for the interest of justice and O.P. no.1 should not be condemn without hearing him .
Accordingly, we are inclined to allow this Misc. Case subject to payment of cost of Rs.8,000/-.
Hence, it is
Ordered
That the Misc. Case No.38 of 2017 be and same is hereby allowed on contest subject to payment of cost of Rs.8,000/- to be deposited by Complainant in the Consumer Welfare Fund.
Order of exparte hearing shall be vacated and W.V. shall be accepted after deposit of cost imposed upon him in the Consumer Welfare Fund by the O.P. no.1.
Fix 24-10-2017 for filing receipt showing deposit of cost by O.P. no.1.
Let a plain copy of this Order be given to the parties free of cost.
