HON’BLE JUSTICE ISHAN CHANDRA DAS, PRESIDENT

       Questioning propriety of the order no. 7 dated 27-04-2017, the present revisional petition has been preferred by the OPs where Ld. DCDRF, South 24-Parganas at Baruipur rejected the prayer of the OPs to file their written version in CC/150/2016 pending before the said Forum concerned and fixed the date of hearing argument.

       Being aggrieved by the said prayer of rejection, the revisional application has been filed by the OPs/revisionists herein.

       Now the point for consideration is – whether Ld. Trial Forum was justified in rejecting the prayer of the OPs/revisionists.

       Section 13(1)(a) of the Act clearly mandates that the District Forum shall direct the OP to give his version of the case within a period of 30 days or such extended period not exceeding 15 days, as may be granted by the Forum. From the order sheet attached to the revision petition, it appears that on 09-03-2017 the OPs appeared by filing Vakalatnama and prayed for time to file written version and accordingly they were given one month’s time i.e. to 07-04-2017 for filing written version by the OPs. Again on 07-04-2017 the OPs were given time for written version as a last chance on 20-04-2017 in default to payment of cost of Rs. 500/- (Rupees five hundred). On 20-04-2017 another chance was given to the OPs to file written version on 27-04-2017 as a last chance subject to payment of cost but on 27-04-2017 the OPs did not file written version on that date and Ld. Trial Forum held that the OPs were reluctant to proceed with the complaint case and the impugned order was passed on that date for hearing exparte. In the mean time 45 days have elapsed which is prescribed for filing written version by the statute. Hon’ble Supreme Court in New India Assurance Company Limited Vs. Hilly Multipurpose Cold Storage Pvt. Ltd., reported in AIR 2016 SC 86, held that the upper cap of 45 days is imposed by Act for filing version of OPs and Forum concerned cannot grant time beyond 45 days. It was further held that the Hon’ble Apex Court that in no case the period beyond 45 days be granted to the OP for filing a version of the case. In view of the said direction of the Hon’ble Apex Court, we are unable to interfere with the order passed by Ld. DCDRF dated 27-04-2017, i.e. the order impugned. Hence, the revisional petition stands rejected. No costs.