Order No. 1                                            Date : 26.04.2018

O.p. no.8 files petition on 20.03.2018 to accept the W.V. after vacating the order of exparte hearing.

Let it be registered as M.A. No. 88/2018.

Ld. Advocate for both sides are present.

M.A. is taken up for hearing.

Ld. Advocate for the applicant/o.p. no.8 submits that due to lack of knowledge this o.p. no.8 could not be able to submit W.V. within the statutory period of 45 days. So he prays for acceptance of W.V. filed on 20.03.2018 by o.p. no.8 for interest of justice and allow him to contest this case.

Ld. Advocate for the complainant/o.p. has submitted interalia that if the W.V. is accepted after imposing cost then she has got no objection.

Heard.

Perused the contents of Misc. Case and W.V. and materials on record.

It appears that it is admitted fact that o.p. no.8 could not be able to submit W.V. within the statutory period of 45 days as laid down in Section 13(2) of the C.P. Act, 1986.

Ld. Advocate for the complainant has made no objection if the W.V. is accepted after imposing cost upon o.p. no.8.

Let us see whether this Forum has got any jurisdiction to accept in the W.V. filed beyond the statutory period of 45 days.

It has been observed by the Hon’ble Apex Court in unreported case bearing No. Civil appeal D. No. 2365 of 2017 dated 10.09.2017 interalia that “We consider it appropriate to direct that pending decision of the larger bench, it will be open to the concerned Fora to accept the written statement filed beyond the stipulated time of 45 days in an appropriate case, on suitable terms, including the payment of costs, and to proceed with the matter”.

It has also been observed by the Hon’ble National Commission reported in 2018(1) C.P.R. page 802 (N.C.) interalia that “W.V. can be allowed to be filed by Consumer Forum on suitable terms, which include the payment of costs to the complainant”.

In view of the above observation of the Hon’ble Apex Court and Hon’ble National Commission we hold that this Forum has every jurisdiction to accept the written version filed by o.p. no.8 beyond the stipulated time of 45 days subject to payment of costs and to proceed with the case till pending decision in this regard before the Hon’ble Larger Bench, in Hon’ble Apex Court. Moreover it has been observed by the Hon’ble National Commission reported in 2017(2) C.P.R. page 57(N.C) interalia that “exparte order should be avoided.”

In view of above facts and circumstances and discussion made above and in view of observation of the Hon’ble Apex Court and Hon’ble National Commission we are inclined to give an opportunity of being heard to o.p. no.8 for interest of  justice.

Accordingly we like to accept the W.V. filed by o.p. no.8 subject of payment of Rs. 4,000/- (rupees four thousand only).

Hence,

              it is

O R D E R E D

M.A. No. 88/2018 be and same is hereby allowed on contest subject to payment of costs of Rs. 4,000/- (rupees four thousand only).

W.V. filed by o.p. no.8 on 20.03.2018 will be accepted after payment of costs.

Thus the M.A. is disposed of