Order no. 5 ,dt. 2.03.2023

Today is fixed for passing order in respect of this R.A. case which has been filed by the complainant for reviewing the order dt.28.9.2022 where this District Commission has given opportunity for filing W/V beyond 45 days.

This matter has been contested by the ops by filing W/O.

The argument highlighted by ld. Advocates of both sides had been heard in full.

It is the main point of contention and argument of complainant side that the notice has been served upon the ops on 6.8.2022 and for that reason as per Sec. 38 (2) of the Consumer Protection Act, 2019 this District Commission cannot pass any order directing the op to file W/V beyond 45 days.

On the other hand ld. Advocate for the ops pointed out that this application is not maintainable and the complainant has no right to file such application and this application is not supported by any document and so this case is liable to be dismissed.

For the purpose of arriving at just and proper decision and to decide the fate of this R.A. case this District Commission after going through the materials of this case record finds that there is no dispute that ops has been given opportunity for filing W/V beyond 45 days but the question is whether the decision of granting opportunity to the op for filing W/V beyond 45 days is permissible in the eye of law or not? Over this issue the decision of the Hon’ble Apex Court which has been passed in the case of Reliance General Insurance Co. Ltd. & Another vs. M/s Mampee Timbers & Hardwares Pvt. Ltd. & Another is very important where Hon’ble Apex Court has been pleased to observe that it would be open to the concerned Forum to accept written statement filed beyond the stipulated period  of 45 days in appropriate case. Thus, it is crystal clear that the above noted point of argument which has been highlighted by the ld. Advocate of the complainant side cannot be accepted.

As a result of which this District Commission finds that there is no reason of recalling or reviewing the order dt.28.9.2022.

In the result, it is accordingly,

Ordered that this R.A. case no. 10 of 2022 be and the same is dismissed on contest.

No order is passed as to costs.

Let this case record be tagged with the C.C. case no. 145 of 2022.