Goa

StateCommission

A/60/2014

M/s Tata Sky Limited - Complainant(s)

Versus

Rajesh Dhume - Opp.Party(s)

S. M. Singbal

01 Sep 2014

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
First Appeal No. A/60/2014
(Arisen out of Order Dated 03/07/2014 in Case No. CC/79/2013 of District South Goa)
 
1. M/s Tata Sky Limited
3rd Floor,C-1, Wadia International Centre(Bombay Dyeing),PandurangBudhkar Marg, Worli,Mumbai-400 025
Maharashtra
...........Appellant(s)
Versus
1. Rajesh Dhume
R/o F-5, CD Good Earth Fatorda,Margao,Goa
South
Goa
...........Respondent(s)
 
BEFORE: 
 HONABLE MR. JUSTICE N.A.Britto PRESIDENT
 HONABLE MR. Shri. Jagdish Prabhudesai MEMBER
 
For the Appellant:
For the Respondent:
ORDER

In our view, the case of Ambience Island Apartment Owners (supra) is quite distinguishable in that there was no direction given by this Commission to the OPs to file their written version within 30 days. That is not the case herein. The notice sent by the Lr. District Forum dated 20/11/2013 clearly stipulated that the OP should file their written version to the complaint within a period of 30 days from the date of receipt of the notice, which was not filed and not even after 45 days. This Commission has again held in RP No. 3/14 in the case of Sony India Pvt. Ltd. by order dated 11/04/2014 that the delay of more than 45 days could not have been condoned by the Lr. District Forum, in view of the law declared by later decision of the Apex Court(in Fairgrowth Investments Ltd,2004 (II) SCC 472 followed by National Commission and then by this Commission. It is this law which is required to be followed till such time the law is reconsidered by larger Bench of the Apex Court, where the matter is now pending.

In view of the above, we do not propose to admit this appeal. Consequently, the same is hereby dismissed.

 
 
[HONABLE MR. JUSTICE N.A.Britto]
PRESIDENT
 
[HONABLE MR. Shri. Jagdish Prabhudesai]
MEMBER

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