Sri Shyamal Gupta, Member
Present Revision is directed against the Order dated 17-07-2017 passed by the Ld. District Forum, Siliguri in CC/39/2017.
Case of the Revisionists, in short, is that, notwithstanding they prayed for single day’s accommodation to file their WV, the Ld. District Forum did not allow it causing great prejudice to them. Hence, this Revision.
On notice, Respondent/Complainant appeared in person and actively participated in the hearing. The Revisionists were represented by their Ld. Advocate. Heard both sides and perused the documents on record.
The Consumer Protection Act, 1986 mandates a time frame of 30 days for the purpose of filing written version. Further, the District Forum has been accorded the discretionary power to extend this period by another 15 days. However, beyond this period, the statute does not permit the District Forum to accommodate even a single day time for the purpose of filing WV.
It appears that vide its order dated 22-05-2017, the Ld. District Forum fixed 22-06-2017 for filing WV. On that day, appearing before the Ld. District Forum, the Revisionists prayed for time for filing WV and accordingly, the Ld. District Forum fixed 17-07-2017 for filing WV. As the Revisionists failed to submit WV on that day also, the Ld. District Forum proceeded ex parte in the matter.
Insofar as the Ld. District Forum rightly acted in accordance with the statutory provision laid down u/s 13(a) of the Act, it is futile to find fault with such judicious decision of the Ld. District Forum. We must make it clear that the Ld. District Forum committed no jurisdictional error/infirmity by proceeding ex parte in the matter.
In any case, keeping in mind the decision of Hon’ble National Commission in Kamala Roy Choudhury and Ors. vs. Subrata Das and Ors., 2017 (2) CPR 402 (NC), we are inclined to allow the Revisionists to submit their WV on payment of a sum of Rs. 20,000/- to the Respondent.
The Revision, thus, succeeds in part.
Hence,
O R D E R E D
The Revision stands allowed on contest against the Respondent in part. The impugned order is hereby set aside subject to due compliance of the condition as stated hereinabove. Parties to appear before the Ld. District Forum on 18-07-2018.
