| DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MUMBAI SUBURBAN | | NEW ADMINISTRATIVE BUILDING, 3RD FLOOR, OPP.DR.BABASAHEB AMBEDKAR GARDEN , BANDRA (EAST), DISTRICT-MUMBAI SUBURBAN -400 051, MAHARASHTRA. |
|
| Miscellaneous Application No. MA/30/2023 | | ( Date of Filing : 14 Jun 2023 ) | | In | | Complaint Case No. CC/49/2022 |
| | | | 1. MR. MADHUSUDAN B. KOCHA. | | RESIDING AT AAKAR BUILDING, 4TH & 5TH FLOORS, PLOT NO.49, JAI HIND SOCIETY, J.V.P.D. SCHEME, VILE PARLE (WEST), MUMBAI-400049. |
| ...........Appellant(s) | |
| Versus | | 1. M/S. INDUSIND BANK PVT LTD. | | OFFICE: INDUSIND BANK LIMITED BUILDING NO.9, 6TH FLOOR, SOLITAIRE CORPORATE PARK, 167, GURU HARGOVINDJI MARG, ANDHERI (E), MUMBAI, MAHARASHTRA-400093. | | 2. MR. DICKSON BAPTISTA, BANKING HEAD. | | OPUS CENTRE, 4TH FLOOR, 47 CENTRAL ROAD, OPP. TUNGA PARADISE, MIDC, ANDHERI (E), MUMBAI-400093. | | 3. MR. PRATAP PILLAI, CREDIT CARD MANAGER. | | NAURANG SQUARE, PLOT NO A4 2ND FLOOR, CROSS ROAD NO B, ANDHERI EAST, MUMBAI-400093. | | 4. MISS EIRAM SIDDIQUI, CREDIT CARD-UNSECURED ASSETS CARD, SALES MANAGER. | | PNA HOUSING OFFICE LOCATED AT GROUND FLOOR, PLOT NO 57 & 57/1, STREET NO 17, NR ESIC OFFICE, M.I.D.C, ANDHERI (EAST), MUMBAI-400093. |
| ...........Respondent(s) |
|
|
| Final Order / Judgement | ORDER ON DELAY CONDONATION OF OPPOSITE PARTY NO. 1 IN MA/30/2023 Per Hon. Member Shri. Sameer S. Kamble 1. The Opposite Party no. 1 has filed application for condonation of delay for filing Written Statement, submitted that Opposite Party no. 1 received copy of Complaint on 09/02/2023 and time consumed to collect facts and details from various department, draft written statement was sent for approval to Opposite Party. Opposite Party further took approval from various departments, this caused delay of 125 days in filing written statement. 2. The Complainant failed to file his reply on application despite giving time for it. Therefore, in absence of say of the Complainant, Opposite Party no. 1 was heard and considered the facts and reasons pleaded in application. Perused record and application. 3. It is admitted fact that there is delay of 125 days for filing Written Statement. The provision of Consumer Protection Act, 2019 are very clear that this Commission empowered to extend period for filing written statement only for 15 days beyond 30 days prescribed period and that Hon’ble Supreme Court laid down principle in CIVIL APPEAL NO.1094110942 OF 2013, NEW INDIA ASSURANCE CO. LTD. VERSUS HILLI MULTIPURPOSE COLD STORAGE PVT. LTD. order dated 04/03/2020 that District Commission does not have power to extend the period for filing written statement beyond 45 days. 4. Hence the application is rejected and Complaint be proceeded without written statement against Opposite Party no. 1. Under the circumstances we proceed to pass the following order: O R D E R - Application MA/30/2023 of Opposite Party no. 1 for condonation of delay is rejected.
- Complaint to proceed without written statement against Opposite Party no. 1.
| |
