NCDRC

NCDRC

FA/2136/2017

VASAVI IDEAL PUBLIC SCHOOL & 2 ORS. - Complainant(s)

Versus

PASTA RANGA PRASANTH - Opp.Party(s)

MR. BYRAPANENI SUYODHAN & MS. TATINI BASU

01 Feb 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 2136 OF 2017
 
(Against the Order dated 22/06/2017 in Complaint No. 11/2017 of the State Commission Andhra Pradesh)
1. VASAVI IDEAL PUBLIC SCHOOL & 2 ORS.
REPRESENTED BY ITS SECRETARY. R/O. CHINATADEPALLI, KADIAYADDA-534101, TADEPALLIGUDEM MANDAL
WEST GODAVARI
ANDHRA PRADESH.
2. SRI. CHAITANYA OLYMPIAD SCHOOL.
REPRESENTED BY ITS PRINCIPAL. PREMISES OF VASAVI IDEAL PUBLIC SCHOOL, CHINATADEPALLI, KEDIAYADDA(POST)-534101, TADEPLLIGUDEM MANDAL.
WEST GODAVARI.
ANDHRA PRADESH.
3. SRI. CHAITANYA TECHNO SCHOOLS.
UNDER THE MANAGEMENT OF SRI CHAITANYA EDUCATIONAL TRUST. REPRESENTED BY ITS SECRETARY. KOVVUR-534350.
WEST GODAVARI
ANDHRA PRADESH.
...........Appellant(s)
Versus 
1. PASTA RANGA PRASANTH
S/O. PATSA VEERA VANKATA RAMA KRISHNA. R/O. H.NO.1-82, RAMALAYAM STREET, TADEPALLIGUDEM MANDAL.
WEST GODAVARI
ANDHRA PRADESH.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Appellant :
Mr. M. Haribabu, Advocate
For the Respondent :
Mr. V. Gouri Sankara Rao, Advocate

Dated : 01 Feb 2019
ORDER

          Heard learned counsel for the parties and perused the impugned order dated 22.06.2017, passed by the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad (hereinafter referred to as “the State Commission”) whereby the right to file the Written Version by the Petitioner herein have been closed, as the same was not filed within 30 days, as contemplated under Section 13 (i) (a) of the Consumer Protection Act, 1986 or extendable period of limitation of 45 days.

2.       Learned counsel for the Petitioners submitted that on account of some miscommunication and misunderstanding the Written Version could not be filed. However, if a last opportunity is given the Written Version will be filed within two weeks from today on such terms as this Commission may impose. Taking into consideration the facts and circumstances of the case it would be appropriate in the interest of justice in view of the directions given by the Hon’ble Supreme court in  Reliance General Insurance Co. Ltd.  & Anr. Vs. M/s. Mampee Timbers and Hardware Pvt. Ltd. and Anr. (Civil Appeal No. Nil of 2017 and D. No. 2365 of 2017) we set aside the impugned order dated 22.06.2017 passed by the State Commission and direct the Petitioner to file the Written Version within two weeks from today i.e. latest by 18.12.2019  on payment of cost of Rs.50,000/- to the Respondent / Complainant. It is

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pointed out by the learned counsel for the Petitioners that in terms of the order dated 23.01.2018 the Petitioners have already deposited a sum of Rs. 50,000/- with the State Commission, which has been invested in a fixed deposit for a period of one year. The said amount of Rs.50,000/- along with accrued interest if any be handed over to the Complainant towards satisfaction of the cost imposed by us.

3.       We request the State Commission to decide the Complaint expeditiously in accordance with law preferably within a period of six months from 18.02.2019, when the learned counsel for the parties shall appear before the State Commission.

4.       Order Dasti.

 
......................J
R.K. AGRAWAL
PRESIDENT
......................
M. SHREESHA
MEMBER

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