1.       This appeal has been filed under section 19 of the Act 1986 in challenge to the Order dated 09.09.2019 of the State Commission in complaint no. 496 of 2019.

2.       We have heard the learned counsel. We have also perused the record, including inter alia the State Commission’s impugned Order dated 09.09.2019 and the memorandum of appeal.

3.       The appeal has been filed against an interlocutory order of the State Commission vide which it has essentially forfeited the right of the appellants herein, i.e. the opposite parties before the State Commission, to file their written version. The said Order is reproduced below for reference:

Present :

For Complainant                     : Sh. Amit Dhawan, Advocate4

For Ops                                   : Sh. R. P. Singh, Advocate

Sh. R.P. Singh, Advocate has filed his regular Power of Attorney on behalf of Ops.  The same is ordered to be taken on record.

No written reply has been filed by OPs despite availing sufficient time. The period of 45 days has already been expired; hence, the defence of OPs is struck off as per Section 13(2)(a) of the Consumer Protection Act.

  The case is adjourned to 08.11.2019 for arguments.

4.       At the relevant time i.e. on 09.09.2019 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”).

5.       Thus we have to consider 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.

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, we find it just and appropriate that one opportunity may be provided to the appellants to file their written version in a time-bound manner subject to suitable terms.

6.       As such one opportunity is granted to the opposite parties to file their written version before the State Commission within 30 days from today, without fail, subject to cost of Rs. 50,000/- to be paid to the complainants within the same period of 30 days from today.

The impugned Order dated 09.09.2019 of the State Commission stands modified accordingly.

The opposite parties are sternly advised to conduct their defence properly before the State Commission.

The State Commission is requested to take the written version of the opposite parties on record, if filed within 30 days from today and if the cost of Rs. 50,000/- 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 written version of the opposite parties shall not be taken on record for consideration, and the State Commission shall so proceed further with the adjudication of the case.

The parties shall appear before the State Commission on 23.01.2023.

6.    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. The Registry 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.  

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