1.   Heard learned counsel for the appellant, HBD Financial Services Limited, and perused the material on record, including specifically the impugned Order dated 29.08.2019 of the State Commission.      

2.   The said Order dated 29.08.2019 of the State Commission inter alia reads as below:

Date: 29.08.2019

C-1597-2018

Counsel for OP-1 and 2 have not filed written statement. Even today OP-1 and 2 are not ready with written statement nor any application moved for seeking permission to file written statement. Period of 30 days as well as extended period of 15 days as provided under the Consumer Protection Act has already been lapsed long back.

In view of the judgment of the Hon’ble Supreme Court in Civil Appeal No. 10941-10942 of 2013 titled “New India Assurance Co. Ltd. V. Hilli Multipurpose Cold Storage Pvt. Ltd.” dated 04.12.2015, right of OP-1 and 2 to file written statement stands closed.

3.   Evidently, the State Commission has closed the right of the appellant herein, HBD Financial Services Limited, the opposite party no. 1 before the State Commission, to file its written version.

4.   In the interest of justice, for holistic and comprehensive adjudication of the case on merit in the forum of original jurisdiction, the appellant / opposite party no. 1 is allowed one (more) opportunity to file its written version before the State Commission before or on the next date of hearing (19.02.2020) fixed in the matter by the State Commission, subject to suitable/just  terms/cost of Rs. 25,000/- to be paid to the respondent no. 1 / complainant no. 1 and Rs. 50,000/- to be deposited in the Consumer Legal Aid Account of the State Commission before or on the next date of hearing (19.02.2020) fixed in the State Commission.

5.   The appellant / opposite party no. 1 is sternly advised to conduct its case professionally before the State Commission.

6.   The State Commission is requested to take the written version of the opposite party no. 1 on record, if duly filed within the period stipulated above, subject to the above-mentioned cost of Rs. 25,000/- + Rs. 50,000/- = Rs. 75,000/- being duly paid / deposited within the period stipulated above, to give opportunity to the complainants to file their rejoinder thereto, and to proceed further with the adjudication of the case in the normal wont as per the law.

7.   If the respondents / complainants have any objection to the afore, both sides, i.e. the appellant / opposite party no. 1 and the respondents / complainants, both, shall appear before this Commission on 23.03.2020 for this Commission to consider the objection and to pass appropriate order.

8.   The principal onus of informing the respondents / complainants of this instant Order shall be of the appellant / opposite party no. 1. It may do so within one week from today, without fail.

9.   The Registry is directed to send a copy each of this Order to the State Commission and to the respondents / complainants within three days from today.

‘Dasti’, in addition, to facilitate timely compliance.