Heard learned counsel for the petitioner. He submits that he has filed the revision  against the order 09.05.2023 passed by the learned District Commission,Cuttack. He submits that they have received summon on 22.03.2023 with complaint petition but  learned District Commission set them ex-parte on 09.05.2023 without filing written version. He submitted that on 09.05.2023 he appeared  and filed petition to set-aside  the ex-parte order  and give opportunity to file written version. In support of receipt of summon he produced  the copy of the order  to Senior Superintendent of Post Offices,Cuttack who went to Deputy Solicitor General,Odisha High Court,Cuttack.  According to him  30 days limit  for filing written version can be counted  from the date of receipt of notice  and also another 15 days time can be extended by learned District Commission,Cuttack. But before  expiry of the limitation period they have been set exparte. So, he submits to set-aside the order dtd.10.04.2023 and dtd.09.05.2023.

         Considered the submission of learned counsel for the petitioner, perused the  ex-parte order. The order dtd.10.04.2023 is as follows:-

        Learned counsel for complainant files hazira. Ops are absent and no steps taken by him several opportunities have been given to Ops. for appearance  and filing of written version. Ops have no mind to proceed with the case. As such Ops are set ex-parte.

        Put up on 09.05.2023 for ex-parte hearing.

        Sd/- Member                                        Sd/-President

         The order dtd.09.05.2023 is as follows:-

        Learned counsel for complainant files hazira. One learned counsel S.Jena appeared on behalf of Ops and filed vaklatnama executed by Ops. Sri Jena also filed a petition praying for set-a-side ex-parte order dt.10.04.2023 passed against Ops without filing of written version.

        Heard. Instead  of filing written version in due time the petition filed by the Ops to set-a-side ex-parte order beyond  the stipulated period bear no merit for consideration.

          Hence, the petition filed by the Ops seeking direction of the Commission to set-a-aside ex-parte order is rejected.

          Sd/- Member                                              Sd/- President.

 3.    The above orders show that learned District Commission have not  gone through the documents to find out when the notice was received by the OP. There is also no order on 10.04.2023 to show that  whether service of summon is served  or whether the  notice alongwith complaint received  by the OP. It is reported  in the decision of  Hon’ble Supreme Court   of India   2020 5 SCC 757, New India Assurance Co.Ltd.-Vrs-Hilli Multipurpose Cold Storage(P) Ltd. where Hon’ble Apex Court have held that the limitation period  will commenced from the date of receipt of notice  alongwith complaint petition and other documents. Since, the aforesaid decision  have not been followed, we are inclined to set-aside the impugned  order dtd.10.04.2023 and subsequent order dtd.09.05.2023.

  4.    As such, the revision petition is allowed. Learned District Commission would allow  the OP to file written version within 7 days from the date of appearance before the learned District Commission and  hear the complaint case in accordance with law and disposed of same within a period of 60 days from the date of receipt of the order. The petitioner is directed to appear before the learned District Commission,Cuttack on 05.06.2023  to take further instruction from it.  

          The Revision petition is  disposed of accordingly.