28.04.2023

ORDER ON ADMISSION

BY SMT. SUNITA  BAGEWADI, MEMBER

Heard from counsel for Revision Petitioner on admission.

2.      Perused the Revision Petition, order passed by the District Commission on I.A under Sec 148 r/w Sec.151 of CPC.  We noticed that, the District Commission has admitted the complaint and notice was issued to Revision Petitioner and same was served on him on 11.04.2022.  On 26.05.2022 the Revision Petitioner appeared through his counsel and submitted before the District Commission to provide copy of documents filed with the compliant. Thereby the District Commission posted the matter on 07.06.2022 and 13.06.2022 for version of Revision Petitioner /OP.  However, the Revision Petitioner filed application u/s 148 r/w Sec.151 of CPC for enlargement of time to file version as because Revision Petitioner has international Air lines head quarters in Germany and it was not able to him to file the version within short period.  However, the District Commission without extended time has posted the matter on 27.06.2022 for objections to such application and on same day, the Revision Petitioner attempted to file the version with contention of delay application of two days.  But, the District Commission rejected the application of Revision petitioner on the ground that once the stipulated period was expired and order to file version, then it can be said that whatever may be proved in Sec.148 CPC Act after the lapse of 45 days to file version, the Commission has no power to extend the time to file version.

3.      Aggrieved by the said order Revision Petitioner has preferred this Revision Petition before this Commission.  We hereby to find satisfy to dispense of issuance of notice to the Respondent/complainant.

4.      Perused the Revision Petition and order passed by the District Commission, we noticed that the District Commission was rejected the application of Revision Petitioner and held that once the stipulated period of 45 days was expired and order to file version has operated.   Then it can be said that whatever may be proved, the Commission has no power to extend the time to file version.  We also agree with the order of District Commission because as per CP Act 2019, Consumer Commission's have no power to accept the return version beyond the statutory period prescribed under the CP Act i.e.,45 days in all.  Moreover, it is not a valid ground that Respondent/Complainant has not provided the copy of the documents to the Revision petitioner on earlier point and hence, he was unable to file version well within time.  It is not mandatory to provide copy of documents to the other sides.   It is the duty of Revision Petitioner to obtain the certified copies.  Hence, we see no reasons to interfere with the impugned order passed by the District Commission.  Hence, considering the facts and discussions made here, we are of the opinion that the order passed by the District Commission on IA under Sec.148 r/w 151 of CPC Act is just a proper and the Revision petition deserves to be dismissed.

Accordingly, we proceed to pass the following;  

O R D E R

 The Revision Petition is dismissed. No costs.

Forward free copies to both parties.

Member                                         Judicial Member

SP*