Appeared at the time of arguments For the Appellants : Mr. Siddharth Banthia, Advocate For the Respondents : Mr. Rajeev Kumar Bharadwaj, in person ORDER Heard the learned counsel for the appellant and the respondent in person. 2. Appeal has been filed against the Order passed by the State Commission in C-175/20 dated 05.07.2022, wherein it was recorded that on 02.09.2021, written statement on behalf of the OP had been filed beyond the stipulated period and therefore, it could not be taken on record. 3. Learned counsel for the appellant stated that their right to file written statement was erroneously closed, vide order dated 05.07.2022, by the State Commission on the ground that the reply was not filed within the statutory period. 4. Learned counsel for the appellant also brought to our notice order dated 24.09.2020 of the State Commission, wherein four weeks’ time was granted to the OP to file written statement. He contended that during covid-19 period, limitation was extended by Hon’ble Supreme Court, vide order dated 10.01.2022 in Suo Motu Writ Petition (C) No. 3 of 2020, as also vide Circular dated 14.01.2022 of this Commission. 5. The Apex Court extended the period of limitation, vide Order dated 23.03.2020 passed in Suo Motu Writ Petition (C) No. 3 of 2020 and subsequent orders and during this period the State Commission closed the right of the OP to file written statement on the ground that there was delay. On 24.09.2020, four weeks’ time was given to the OP to file the reply to the consumer complaint. Reply was filed by the OP on 21.10.2020 and delay in filing the written statement was very well covered by orders of the Apex Court as mentioned above. 6. The respondent appearing in person states that he has no objection, if the matter is remanded to the State Commission. 7. In view of the above, order of the State Commission dated 05.07.2022 is set aside and the matter is remanded to the State Commission to examine the delay in filing the written statement in the light of orders of the Hon’ble Supreme Court mentioned supra and decide the case on merits. Parties to appear before the State Commission on 02.12.2022. |