A-1210/2022

12-07-2022

:ORDER:

BY SRI. RAVISHANKAR, JUDICIAL MEMBER.

            Opposite Party in complaint No.246/2019 as preferred an appeal against the order passed by this District Commission on IA filed by this appellant under Section 38 (8) and 38 (9) of Consumer Protection Act which dismissed the application for permission to file version and submitted that the complainant initially filed the complaint in the year 2018 alleging deficiency in service on the part of the Opposite Party. After admission the District Commission issued a notice and they appeared through their counsel and time provided to file version on 16-9-2019. Thereafter they filed version on 4-7-2019 the complainant filed affidavit and marked documents as Exs.P1 to P16 then the case was posted for affidavit and this appellant but unfortunately they could not file affidavit on their side due to unavoidable circumstances such as Covid situation. Subsequently lockdown was effect and also filed an application delay for filing additional version by condoning delay and District Commission after hearing and dismissed the IA dated 21-2-2022 for the reasons that the Opposite Party/this appellant in filing additional version after lapse of one year whereas the provision of Consumer Protection Act provides 30 days for filing their version and extended time for 15 days and this appellant has not filed version well within time, hence dismissed the complaint against which the appellant before this Commission.

            Learned advocate for appellant submitted that on 16-9-2019 they have filed preliminary objections to the complaint filed by complainant and sought time for filing version in delay whereas the complainant filed affidavit on 4-7-2019 and after that due to pendamic lockdown they were unable to file additional version and none filing of additional version is not intentional for bonafide reasons. Hence prays for set aside the order passed by the District Commission on IA.

            On going through the order passed by the District Commission IA filed by Opposite Party it is clearly noticed by the District Commission noticed that the Opposite Party have to file version well within 30 days and additional 15 days as contemplated in the Consumer Protection Act whereas the Opposite Party has not chosen to file version well within time, we noticed here that on 16-9-2019 the Opposite Party had filed preliminary objections to the complaint filed by complainant. We are of the opinion that there is no such preliminary objection or main objection to the allegations made by complainant , Consumer Protection Act provided 45 days time including grace period of 15 days to file their counter/version and no additional time will be provided for filing any additional version.

The complaint before the District Commission came to be disposed summarily and expeditiously. Hence time is to file version provided 45 days. The Opposite Party / appellant not chosen to file well within time, the District Commission has rightly dismissed the application, we found there is no merit in the appeal and accordingly the appeal is also dismissed.      

            Forward copy of this order to both parties as well as concerned District Commission.

Lady Member.                                               Judicial Member.