Dated:17.03.2023                                                                                                                                                                                                                                             

O R D E R

HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT

1. This is a Revision Petition filed by OPs aggrieved by the order dated 31.01.2023 passed on IA under Order IX Rule 7 R/w Section 151 of CPC by IV Additional District Consumer Disputes Redressal Commission, Bengaluru.

2. The Commission examined grounds of revision, impugned order, and heard learned counsel.  Accordingly, found satisfied to dispense with issuance of notice to be served on respondent to avoid further delay.

3. Complainant/respondent files consumer complaint under Section 35 of Consumer Protection Act, 2019 on 22.04.2022 through advocate. It is pertinent to note here that as per the order of this Commission dated 13.07.2022 passed in A/1246/2022 the matter was remanded back to the Commission below and restored the compliant case in its original number and on 28.09.2022 notice was issued to OPs for their appearance on 21.10.2022.  It is the contention of OPs/Revision Petitioners that the said notice was received on 18.10.2022. The Commission below found OP1 and 2 came on record on 15.12.2022 i.e., after the lapse of nearly 02 months of receiving the notice and filed IA for setting aside the exparte order and sought permission to file version only after expiry of 45 days. It is therefore, in the case on hand, as the Commission below has to be held rightly rejected IA under Order IX Rule 7 R/w Section 151 of CPC in view of the principle laid down by the Hon’ble Apex Court that beyond 45 days Commission has no jurisdiction to accept the written statement, does not call for any interference in this Revision Petition.  Furthermore, the Commission below given liberty to OPs to participate in the further proceedings of the complaint which cannot be said the Commission below committed any error.  Thus in such view of the matter, we proceed to dispose off the revision petition filed under Section 47(1)(B) of Consumer Protection Act, 2019.

4. Send a copy of this Order to the District Commission and parties to the Revision Petition.

      Lady Member                Judicial Member               President      

*GGH*