KUNDAN KUMAR KUMAI

This is an application u/s 47 (1) (b) of the Consumer Protection Act, 2019, preferred against the order dated 04/01/2023, passed by the Ld. DCDRC, Alipurduar in CC/10/2022.

Brief fact of the Revisionist’s Case is that, the Revisionist/OP no.1 had appeared before the Ld. DCDRC, Alipurduar on 31/05/2022 and prayed for time for filing WV. Thereafter, the Case was posted on 28/6/2022, 08/8/2002, 26/8/2022, 20/09/2022, 09/11/2022, 02/12/2022 & 04/1/2023 for filing WV by the Revisionist/OP no.1. On 04/01/2023, the Revisionist/OP no.1 had filed WV, but the same was not accepted vide the impugned order and the Case had been fixed for ex-parte hearing on the ground that the statutory period of 45 days had elapsed.

Being aggrieved by the impugned order that the Revisionist/OP no.1 preferred this instant revision on the ground that the Ld. DCDRC below, had erroneously passed the impugned order.

                                                                           Decisions with Reasons

Ld. Advocate for the Revisionist/OP no.1 at the time of final hearing, had submitted that the WV could not be filed within the statutory period of 45 days as the Ld. Advocate appointed for representing the Revisionist/OP no.1 had been badly engaged for the treatment of his wife, as such there was no negligence involved. Moreover, it was submitted that the dates for filing WV, exceeding the statutory period of 45 days had been fixed by the Ld. Commission below. He had relied in the judgement passed by the Hon’ble SCDRC, West Bengal in M/s. Dewan Developers Pvt. Ltd. & …………Vs. ……….Mr. Suman Bose & Ors. on 31/03/2022 and Cholamandalam, M/s. GIC Ltd. Vs. Mr. Chandan Saha Chowdhury passed by this Commission on 15/09/2022.

Ld. Advocate for the Respondent No.1 at the time of final hearing, had submitted that the delay of 7 months had occurred for filing of WV, from the date of appearance and therefore the impugned order upholding the principles passed by the Hon’ble Apex Court, had passed a Reasoned Order and the same should not be interfered. He had relied in the judgement passed by the Hon’ble Supreme Court in M/s. Daddy’s Builders Pvt. Ltd. & Anr. Vs. Manisha Bhargava & Anr. on 11/02/2021, Antriksh Developmers and Promoters Pvt. Ltd. & Anr. Vs. Kutum Welfare Society (regd.) & Anr. on 04/11/2022 and Hon’ble SCDRC, West Bengal in Chinmoy Roy Vs. Manideepa Data on 06/11/2023.

The only point that needs to be decided is whether the Ld. District Commission had exercised a jurisdiction not vested in it by law or has failed to exercise the jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity. By the impugned order, the Ld. Commission had refused to accept the WV as the statutory period of 45 days had elapsed, in accordance with the provisions of section 38(2)(a) of the Consumer Protection Act, 2019. That apart the Constitutional Bench of the Hon’ble Supreme Court had settled the law that the Commission had no jurisdiction to condone the delay beyond the prescribed period mentioned in the statute, while dealing with the controversy, in New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage (P) Ltd reported in (2020) 5 SCC 757.

Hence, from the above findings, it becomes clear that the Ld. DCDRC, Alipurduar had committed no irregularity or illegality while refusing to condone the delay vide the impugned order.

As for the argument, that the dates had been fixed by the Ld. DCDRC, Alipurduar beyond the statutory period, can be argued that, the direction for submitting the written version within the statutory period, as per provisions of section 38(2)(a) of the Consumer Protection Act, 2019 was upon the Revisionist/OP no.1. Therefore, the onus of not filing the written version within the statutory period cannot be shifted upon the Ld. Commission. Hence, these arguments cannot be sustained.

Consequently, in view of the above findings and observations, the instant revision is bound to fail.

                                                     It is therefore,

                                                     ORDERED

 That the instant revision be and the same is dismissed on contest, but without cost.

The impugned order is hereby upheld.

Copy of the order be sent to the Parties free of cost.

Copy of the order be sent to the Ld. DCDRC, Alipurduar for necessary information.