KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

REVISION PETITION No. 91/2023

ORDER DATED: 18.12.2023

(Against the Order in C.C. 242/2023 of CDRC, Thrissur)

PRESENT:

HON’BLE JUSTICE SRI. K. SURENDRA MOHAN     : PRESIDENT

SRI. AJITH KUMAR D.                                                    : JUDICIAL MEMBER

SRI. RADHAKRISHNAN K.R.                                        : MEMBER

REVISION PETITIONER:

Thrissur Corporation represented by its Secretary, Thrissur – 680 001.

 (By Advs. Abdulla N.M. & Manu Mohan Charummood)

                                                Vs.

RESPONDENT:

Joshy N.V., Nelliparambil House, Kanattukara P.O., Thrissur-680 001.

ORDER

HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT

The revision petitioner is the opposite party in C.C. No. 242/2023 of the Consumer Disputes Redressal Commission, Thrissur (District Commission for short).   This revision petition is filed by the revision petitioner aggrieved by an order dated 04.09.2023 declaring them ex-parte for the reason that, no version was filed by them.  It is submitted that the case now stands posted for ex-parte evidence to 19.12.2023. 

In view of the decision of the Constitution Bench of the Apex Court in New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. (2020)5 SCC 757, neither the District Commission nor the State Commission has the power to extend the statutory time limit for filing version of an opposite party.  In the absence of a version, the proper course to be followed is to declare the opposite party ex-parte and to proceed to dispose of the complaint on the basis of the evidence produced by the complainant.  However, the Apex Court has subsequently held that even though an opposite party has not filed version, they have the right to be heard before finally disposing of the complaint.  The above being the legal position, we find no infirmity in the order passed by the District Commission.  In view of the above, this revision fails and is accordingly dismissed.  However the dismissal of this revision shall be without prejudice to the rights of the revision petitioner to be heard before the complaint is finally disposed of.  Ordered as above.

JUSTICE K. SURENDRA MOHAN  : PRESIDENT

                                       AJITH KUMAR D.: JUDICIAL MEMBER

                                                                                                     RADHAKRISHNAN K.R.  : MEMBER

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