M.A/34/2024 & 35/2024 in CC/ 101/2023.

Order date: 27 .09.2024.

Today is fixed for hearing of the two M.A. cases being Nos. 34/2024 and 35/2024.

             Ld. Advocate for the complainant is present. Ld. Advocate for the OP is present.

The two M.A. cases are taken up for hearing.

Heard the Ld. Advocates of both sides.

 Perused the case record and the two M.A cases.

On 23.04.2024 the Ld. Advocate for the OP filed these two M.A. cases.

It appears from the case record that on 26.09.2023 the Ld. Advocate for the OP  appeared and prayed  for time to file W/V  and Vokalatnama . On 16.10.2023 the OP did not turn up . So, the case do proceed ex parte against the OP .

 On 23.04. 2024 the Ld. Advocate for the OP filed two petitions,   one for taking of the case from the ex parte board and another for acceptance of W/V.

The provisions of Consumer Protection Act, 2019 casts the legal duty upon the OPs to file W/V within 45 days from the date of receipt of the notice of the case including the extended time of 15 days. After receiving the notice, it is the legal duty of the OP,  u/S 38(3) (a)  of the C.P. Act, 2019  to give his version of the case and the OP cannot deny the said fact .

From the order dt.16.10.2023, it appears that notice has duly been served upon the OP on 06.09.2023 but they did not turn up. As such, the case  proceeded  ex parte against the OP.   Thereafter, after a lapse of more than 45 days, on 23.04.2024 the OP   filed W/V, which is not within the statutory period of 45 days including the extended period of 15 days.

So, the prayer for taking of the case from the ex parte board and acceptance of W/V filed by the OP is hereby rejected.

Let a copy of this order be given to the parties on free of cost.

M.A. cases being No. 34/2024 and 35/2024 are thus disposed of.

To  09.12.2024  for hearing of the case ex parte.