NCDRC

NCDRC

FA/858/2021

HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (HSIIDC) - Complainant(s)

Versus

SUBH KARAN YADAV - Opp.Party(s)

M/S HEMANT GUPTA & ASSOCIATES

08 Dec 2022

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 858 OF 2021
 
(Against the Order dated 18/12/2019 in Complaint No. 641/2018 of the State Commission Haryana)
1. HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (HSIIDC)
REGD. OFFICE, C-13/14, SECTOR-6, -134109
PANCHKULA, HARYANA
...........Appellant(s)
Versus 
1. SUBH KARAN YADAV
R/O H NO. -344, SECTOR-2(RESIDENTIAL) IMT BAWAL, -123501
REWARI, HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DINESH SINGH,PRESIDING MEMBER
 HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,MEMBER

For the Appellant :
Dr. Hemant Gupta, Advocate with
Mr. Parth Kaushik, Advocate
For the Respondent :
Mr. Mohit, Authorised Representative

Dated : 08 Dec 2022
ORDER

1.       This appeal has been filed under section 51(1) of The Consumer Protection Act, 2019 in challenge to the Order dated 18.12.2019 of the State Commission in complaint no. 641 of 2018.

2.       We have heard the learned counsel for the appellant and the authorized representative of the respondent. We have also perused the record, including inter alia the State Commission’s impugned Order dated 18.12.2019 and the memo of appeal.

3.       The appeal has been filed against an interlocutory order of the State Commission vide which it has forfeited the right of the appellant herein, i.e. the opposite party before the State Commission, to file its written version. The said Order is reproduced below for reference:

Present :          Shri Mohit, representative of complainant.

Shri Atif, proxy counsel for Shri B. S. Negi, counsel for opposite party.

            Today the case has been fixed for filing of written version as well as for depositing the cost of Rs. 5000/-.

            From the perusal of record, it reveals that today is the 6th opportunity for filing the written version. It is submitted by learned proxy counsel for opposite party that opposite party is unable to pay the cost as sanction has not been obtained from higher authority. This plea is strongly opposed by complainant.

            This Bench has left with no option but to struck off the defence of the opposite party. In these circumstances, the defence of the opposite party is hereby struck off.

            Now to come upon 06.02.2020 for recording evidence of complainant.

4.       At the relevant time i.e. on 18.12.2019 when the State Commission passed its Order written version beyond the statutory period of 30 days and the extended period of 15 days thence i.e. beyond total 45 days stipulated under Section 13(1)(a) of The Consumer Protection Act, 1986 (the old Act, then in force) could be permitted to be filed subject to “suitable terms, including the payment of costs” in accordance with the judgment dated 10.02.2017 of Hon’ble Supreme Court in Reliance General Insurance Co. Ltd. & Anr. vs. M/s Mampee Timbers & Hardware Pvt. Ltd. & Anr.

Later on Hon’ble Supreme Court judgment in New India Assurance Co. Ltd. vs. Hilli Multipurpose Cold Storage Pvt. Ltd., taking a stricter view on the subject, was delivered on 04.03.2020 but the same was made prospective in operation by the Hon’ble Court (“This Judgment to operate prospectively”).

5.       Thus we have to consider the instant matter in the light of Hon’ble Supreme Court’s judgment given in Reliance General Insurance Co. Ltd. & Anr. vs. M/s Mampee Timbers & Hardware Pvt. Ltd. & Anr. whereby written version could be permitted to be filed subject to suitable terms.

Without expressing any opinion about the merits of the case, but considering the nature of the dispute and the overall facts and circumstances in their totality, and also keeping in perspective the first principles of natural justice, we find it just and appropriate that one opportunity may be provided to the appellant to file its written version in a time-bound manner subject to suitable terms.

6.       As such one opportunity is granted to the opposite party to file its written version before the State Commission within 30 days from today, without fail, subject to cost of Rs. 50,000/- to be paid to the complainant within the same period of 30 days from today.

The impugned Order dated 18.12.2019 of the State Commission stands modified accordingly.

The opposite party is sternly advised to conduct its defence properly before the State Commission.

The State Commission is requested to take the written version of the opposite party on record, if filed within 30 days from today and if the cost of Rs. 50,000/- is paid to the complainant within the same period of 30 days from today, and to then give opportunity to the complainant to file his rejoinder thereto, and to proceed further with the adjudication of the case in the normal wont as per the law.

It goes without saying that if the written version is not filed within the stipulated period of 30 days from today or if the cost imposed is not paid within the stipulated period of 30 days from today, the written version of the opposite party shall not be taken on record for consideration, and the State Commission shall so proceed further with the adjudication of the case.

The parties shall appear before the State Commission on 27.02.2023.

6.    The Registry is requested to send a copy each of this Order to the parties in the appeal and to their learned counsel within 03 days. The Registry is also requested to forthwith communicate this Order to the State Commission by the fastest mode available. The stenographer is requested to upload this Order on the website of this Commission immediately.  

Dasti’, in addition, to facilitate timely compliance.

 

 
......................
DINESH SINGH
PRESIDING MEMBER
......................J
KARUNA NAND BAJPAYEE
MEMBER

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