Order No.9 Dtd.02.04.2024

Today was fixed for passing order in the MA Case.

By virtue of this Commission’s order the case was proceeded ex parte against OP 1, 2 and 3 as written version could not be filed within the stipulated time frame as prescribed by the statute.

However OP 3 by this time has submitted an expunge petition which is pending for hearing.

The OP Insurance Company by filing this MA Case has prayed for passing an order setting aside the ex parte order passed by this Commission and for allowing the OPs to contest the case on merit. Besides, an application under Section 5 of the Limitation Act for condonation of delay in filing of the written version has also been filed by the OP Insurance Company.

The reasons for delayed submission of W/V have been assigned to ‘delay of the India Post service’ and ‘delayed receipt of the original copy of the W/V by the conducting Advocate from the Ld. Sr. Advocate’.

However, the reasons assigned appear filmsy.

Besides, in the petition for Special Leave to Appeal (Civil) No.1240 of 2021 related to the case of M/S Daddy’s Builders Pvt. Ltd. & Another Vs. Manisha Bhargava and Another, Hon’ble Apex Court, referring to the earlier decision of  that Court in the case of J.J.Merchant (Supra) and the subsequent authoritative decision  of the Constitution Bench of  that Court in the case of New India assurance Company Ltd. v. Hilli Multipurpose Cold Storage Pvt.Ltd. (2020) 5 SCC 757, observed that Consumer Fora has no jurisdiction and/or power to accept the written statement beyond the period of 45 days. 

In view of the above and on consideration of all other allied aspects this Commission cannot be inclined to set aside the earlier ex parte order passed against the OPs of the CC case.

Resultantly the MA case stands dismissed.