SHYAMAL KUMAR GHOSH, MEMBER

1. The instant Revision Petition under section 47(1)(b) of the Consumer Protection Act, 2019 has been filed by the revisionists/OPs- 1 and 2 challenging  the order impugned being no – 11 dated 25/11/2021 passed by the ld Trial Commission, Kolkata unit – 1 (North), in connection with CC no-190/2020 wherein the ld Trial commission rejected the petition filed by the OP nos. 1 and 2 praying for liberty to file written version. Being aggrieved and dissatisfied with such order the instant Revision Petition has been filed by the revisionists/Ops 1 and 2 praying for setting aside the order impugned dated 25/11/2021 passed by concerned Trial Commission and subsequently further praying for providing opportunity for filing written version by the Ops 1 and 2 in the aforesaid CC case. 
2. The record has been taken up for hearing.
3. We have heard the ld counsel appearing for the opposite parties/respondents 1, 2 and 3.
4. But on repeated calls of this Commission, the revisionists were absent at the time of hearing.
5. We have carefully perused the materials on record and the order impugned dated 25/11/2021.
6. The ld Trial Commission, vide order no-11 dated 25/11/2021 clearly observed that the Commission has no power to recall of its own order. The Ops 1 and 2 by filing a petition prayed for granting permission to file written version. But as per above observation, the ld Trial Commission rejected the said petition filed by the ops 1 and 2.
7. From the four corners of the record it is clear to us that the ops 1 and 2 both have failed to file their written version within the prescribed period of time as per C.P Act.
8. Section-38(2)(a) of the Consumer Protection Act 2019 provides that refer a copy of the admitted complaint, within twenty one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by it.
9. In this respect we can safely rely upon a remarkable decision viz NEW INDIA ASSURANCE COMPANY LTD VS HILLI MULTIPURPOSE COLD STORAGE PVT LTD REPORTED IN (2015) 16 SCC 472, wherein the Hon’ble Apex Court held that written version should be filed within 45 days (ie 30 days + another 15 days) otherwise the speedy disposal of the consumer case as well as the main object of the said Act are to be frustrated.
10. Actually the Consumer Protection Act has been enacted  exclusively for the benefit of the consumer/consumers and as such the necessary protection should be given to the consumer/consumers in order to provide speedy disposal of the case with certain reliefs as prayed for in the petition of the complaint.
11. Considering all aspects from all angles and keeping in mind the present position of law and regard being had to the submission of the ld counsel appearing for respondents /Ops 1,2, and  3 and citation of the Hon’ble Apex Court, we are of the opinion that there is no wrong, error or any illegality in passing the order dated 25/11/2021 passed by the concerned Trial Commission below and accordingly we reject the Revision Petition with no order as to costs

       As per above observations the instant Revision petition stands disposed of.

       Note accordingly.

        Let a copy of this be transmitted to the ld Trial Commission for compliance and for necessary action.