1.         This appeal has been filed under section 19 of The Consumer Protection Act, 1986 in challenge to the Order dated 29.08.2019 of the State Commission in complaint no. 1597 of 2018.

2.         Learned counsel for the appellant (i.e. the opposite party no. 2 before the State Commission) is present. None appears for the respondent no 1 & no. 2 (the complainants), no. 3 (i.e. the opposite party no. 1 before the State Commission) and no. 4 (i.e. the opposite party no. 3 before the State Commission).

3.         A perusal of the record shows that the challenge is to an interlocutory order of the State Commission vide which the right of opposite party no. 2 to file written version was closed. Present appeal has been filed by opposite party no. 2. This is not a matter in which any complex or complicated question of law or fact is involved at all. It is relevant that the Act 1986 is for “better protection of the interests of the consumers”, its Statement of Objects & Reasons says of “speedy and simple redressal to consumer disputes”. The ideal normative period to decide an appeal is 90 days of its admission (Section 19A of the Act 1986; Section 52 of the Act 2019). The present appeal was filed on 26.09.2019 and notice was ordered to be issued on 01.10.2019, almost 3 ½ years back. No good reason to delay the hearing any further is visible, and therefore this Commission deems it expedient not to linger the matter further and decide the same.

4.         Heard the learned counsel for the appellant who assails the impugned order on legal grounds submitting, inter alia, that the law on the point of permissibility of filing the written version after the lapse of the statutory period provided in the Act 1986 has not been correctly appreciated by the State Commission. Relevant law laid down by Hon’ble Supreme Court has been cited by the learned counsel.

5.         Perused the record including inter alia the State Commission’s impugned Order dated 29.08.2019 and the memorandum of appeal.

6.         The impugned order may be usefully quoted herein below:

C-1597/2018

            Power of attorney is filed on behalf of OP-1.

            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.

            Counsel for OP-2 has moved an application under order 7 Rule 11 (a) of the CPC for rejection of the complaint for non-disclosure of cause of action. Copy of application is supplied to complainant.

            WS filed by OP-3 is on record. Copy already received by the complainant.

            Complainant to file rejoinder to the written statement of OP-3 and evidence by way of affidavit within 08 weeks supplying advance copy of OP.

            Re-list on 19.02.2020.

7.       At the relevant time i.e. on 29.08.2019 when the State Commission passed its Order written version beyond the statutory period of 30 days and the extended period of 15 days thence i.e. beyond total 45 days stipulated under Section 13(1)(a) of The Consumer Protection Act, 1986 (the old Act, then in force) could be permitted to be filed subject to “suitable terms, including the payment of costs” in accordance with the judgment dated 10.02.2017 of Hon’ble Supreme Court in Reliance General Insurance Co. Ltd. & Anr. vs. M/s Mampee Timbers & Hardware Pvt. Ltd. & Anr.

Later on Hon’ble Supreme Court judgment in New India Assurance Co. Ltd. vs. Hilli Multipurpose Cold Storage Pvt. Ltd., taking a stricter view on the subject, was delivered on 04.03.2020 but the same was made prospective in operation by the Hon’ble Court (“This Judgment to operate prospectively.”).

8.       Thus considering the instant matter in the light of Hon’ble Supreme Court’s judgment given in Reliance General Insurance Co. Ltd. & Anr. vs. M/s Mampee Timbers & Hardware Pvt. Ltd. & Anr. whereby written version could be permitted to be filed subject to suitable terms.

9.       Without expressing any opinion about the merits of the case, but considering the nature of the dispute and the overall facts and circumstances in their totality, and also keeping in perspective the first principles of natural justice, this Commission find it just and appropriate that one opportunity may be provided to the appellant i.e. the opposite party no. 2 before the State Commission to file its written version in a time-bound manner subject to suitable terms.

10.       As such one opportunity is granted to the opposite party no. 2 to file its written version before the State Commission within 30 days from today, without fail, subject to cost of Rs. 25,000/- to be paid to the complainants within the same period of 30 days from today.

The impugned Order dated 29.08.2019 of the State Commission stands modified accordingly.

The opposite party no. 2 is sternly advised to conduct its defence properly before the State Commission.

The State Commission is requested to take the written version of the opposite party no. 2 on record, if filed within 30 days from today and if the cost of Rs. 25,000/- is paid to the complainants within the same period of 30 days from today, and to then 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.

It goes without saying that if the written version is not filed within the stipulated period of 30 days from today or if the cost imposed is not paid within the stipulated period of 30 days from today, the right to file the written version shall obliterate and the same shall not be taken on record for consideration, and the State Commission shall so proceed further with the adjudication of the case.

Needless to add, the parties shall appear before the State Commission on the date fixed by the State Commission.

11.    The Registry is requested to send a copy each of this Order to the parties in the appeal and to their learned counsel within 03 days. It is also requested to forthwith communicate this Order to the State Commission by the fastest mode available. The stenographer is requested to upload this Order on the website of this Commission immediately.      

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