Dated: 23.10.2024

O R D E R

BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER:

1. This is a Revision Petition is filed U/s 47(1)(b) of CPA, 2019 to set aside the order dated 19.08.2024 passed in CC/125/2024 on the file of I Additional DCDRC, Bengaluru. 

2. This Revision Petition is set to hear on admission. The Commission heard learned counsel for Revision Petitioner, perused impugned order under Revision Petition and examined papers submitted along with petition.

3. Learned counsel for Revision Petitioner submits that OP received notice of CC/125/2024 but not received copies of complaint and its enclosures.  However, we did not find any evidence to show that notice issued against OP was not served without service of copies of the complaint and its enclosures.  In so far as recording of version submitted by OP is concerned, District Commission found that the delay is nearly about 100 days and when Sec.38(2)(a) provides for 30+15 days and when IA seeking permission to file version is filed after completion of 45 days, District Commission has to be held right in passing the impugned order.  It is to be taken notice from the impugned order, District Commission has permitted OP to participate in the proceedings and he has got every right to resort the other modes of procedure to demolish the case of the complainant.  As such in our view, even if version is not recorded  OP has right to defeat the case of complainant, resort to other modes of procedure to rebut the documents placed on record by complainant and assist the Commission to hold an enquiry and record findings in accordance with law.  Accordingly, ordered to dispose of the RP/219/2024 by dispense with issuance of notice to be served on respondent to avoid further delay and unnecessary expenditure.

4. The Copy of this order is directed to be notify to the parties for Revision Petition as well as District Commission for reference.

        Lady Member                                  Judicial Member             

*GGH*