Order No. 2                                              Date : 10.05.2018

This record is put up today for passing order.

Ld. Advocate for both sides are present.

Perused the contents of M.A. and materials on record.

It appears that the opposite party/applicant of this M.A. have made their appearance in this case on 20.11.2017 but they could not be able to file W.V. within the stipulated period of limitation including extendable period of 15 days i.e. within 45 days from the date of their appearance. So this ops have filed this application and have made prayer to accept the W.V. and to allow them to contest this case.

Ld. Adv for the complainant has made objection by submitting interalia that there was a laches on the part of the ops in filing W.V. within period of 45 days from the date of their appearance. So he prays for rejection of prayer for acceptant of W.V.

Heard both side.

Perused the contents of M.A. case and W.V. and materials on record.

It appears that these applicants/ops appeared in this case on 20.11.2017 and they filed W.V. on 15.03.2018.

So it appears to us that there was delay in filing W.V. for about 3 months 25 days.

Let us see, whether this forum has got any jurisdiction to accept the W.V. filed by o.p. beyond the period of 45 days from the date of their appearance.

It has been observed by the Hon’ble Apex Court in a unreported case bearing Civil Appeal No. D. No. 2365 of 2017 decided on 10.02.2017 ; Reliance General Insurance Company Limited and another Vs M/s. Mampi Timbers and hardware interalia that “we consider it appropriate to direct that pending decision of the larger bench, it will be open to the concerned Fora to accept the written statement filed beyond the stipulated time of 45 days in an appropriate case, on suitable terms, including the payment of costs and to proceed with the matter.” It has also been observed by the Hon’ble National Commission reported in 2018 (1) C.P.R Page 802 (NC) interalia “Consumer Protection Act, 1986 Section 13-Real Estate- Petitioner/complainant K.J. Pappachen purchased a house in the housing project promoted by the opposite parties (Ops), and a construction agreement was entered between the parties - Ops failed to deliver the property in accordance with the terms and conditions of the construction - written version can be allowed to be filed by the Consumer Fora on suitable terms, which include payment of costs to the complainant – Revision petition dismissed.”

So we find that the decision of Hon’ble Apex Court reported in 2016(1) C.P.R. page 123(Supreme Court) holding that “filing of W.V. within period of 45 days as laid down in Section 13(2)(a) of the C.P. Act is mandatory”, now is pending before the Hon’ble Larger Bench of Hon’ble Apex Court. So it is open to this forum to accept the written statement filed beyond the stipulated period of 45 days in an appropriate case, on suitable terms including payment of costs and to proceed with this matter.

We also find in view of the observation of the Hon’ble National Commission reported in 2018(1) C.P.R page 802 (National Commission) that W.V. can be allowed to be filed by o.p. in Consumer Fora beyond the stipulated period of 45 days on suitable terms including payment of costs to the complainant.

In view of the above observation of the Hon’ble Apex Court and in view of observation of the Hon’ble National Commission referred to above we hold that this Forum has every jurisdiction to accept the W.V filed by ops beyond the stipulated period of 45 days subject to payment of costs.

Moreover, in view of observation of the Hon’ble National Commission reported in 2017(3) C.P.R. page 345 (National Commission) that exparte orders should be avoided in interest of  justice.

In view of the above facts and circumstances and discussion  made above we hold that W.V. filed by o.p. beyond the stipulated period of 45 days should be accepted subject to payment of costs of 6,000/- for interest of  justice. So that they can contest this case as well as disposal of this case exparte can be avoided..

Hence, it is

O r d e r e d

That this M.A. case 89 of 2018 be and same is hereby allowed on contest subject to payment of cost of Rs. 6,000/- to be paid by the o.p. to the three complainants at the rate of Rs. 2,000/- each.  W.V. filed by the o.p. on 15.03.2018 will be accepted after payment of cost of Rs. 6,000/-.

Thus this M.A. is disposed of.