Karnataka

StateCommission

A/563/2021

TAFE Access Ltd - Complainant(s)

Versus

Prasanna Kumar H - Opp.Party(s)

A Arun Kumar

06 Aug 2021

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 06^TH DAY OF AUGUST 2021

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MR. KRISHNAMURTHY B. SANGANNAVAR      : JUDICIAL MEMBER

MRS. DIVYASHREE M.                                     : MEMBER

 

Appeal No. 563/2021

 

1 . TAFE Access Ltd .      No.53, St. Marks Road,      Opp. to Boarding Club,      Shanthala Nagar, Bengaluru 560001      Rep. by Authorized Signatory.   2 . TAFE Ltd      No.77, Nungambakkam high Road,          Nungambakkam, Chennai 34      Rep. by Authorized Signatory   (By Sri. A. Arun Kumar) V/s	……Appellants
Prasanna Kumar H . S/o. Hanumanthappa, R/at No.1556, 1st Floor, 8th Cross, Dr. Shivaramkaranth Nagar, II Phase, Jakkur, Bengaluru 560064	..…Respondent

 

O R D E R

 

BY HON’BLE Mr. JUSTICE HULUVADI G. RAMESH        : PRESIDENT

The above appeal is preferred by the OP against the order on I.A. No. 1 dated 27.08.2019 in C.C.No.1250/2018 on the file of 3^rd Additional District Consumer Disputes Redressal Forum, Bangalore.

2. The relief sought in this appeal is to set aside the impugned order and permit him to file version.
3. Heard the counsel for the appellant / OP.
4. Learned Counsel for the appellant submitted that there is no willful delay on the part of OP in not filing version.  Further manufacturer was not made as a party and he is only a service provider.  On the contrary submits that complainant continuously remained absent and in such circumstances, he should have been given an opportunity to file version.
5. We perused the impugned order, proceedings of the complaint in C.C.No.1250/2018.  This complaint is filed on 26.07.2018.  Notice of OP No.2 served on 31.12.2018.  OPs are placed exparte on 26.04.2019 and on 27.08.2019 sought for setting exparte order dated 26.04.2019 placing OP No.1 exparte which came to be allowed.  Since, statutory period of 30 days and extended period of 15 days from the date of first appearance of the OP is lapsed, Commission below forfeited right to file version.  Right to file version by the OP was forfeited on the ground of delay.  However, he has got right to file documents and affidavit by way of evidence to stand by his contentions.
6. In view of the above terms, District Commission is directed to dispose of the matter through mediation if parties are agreeable and dispose of the matter on merits in accordance with law within three months.  Accordingly, the appeal is disposed of.

 

3270399981102.  

 

 

JUDICIAL MEMBER

 

 

144616126.  

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