Aggrieved by the order dated 17.01.2018 in CC No. 15/523 passed by the Maharashtra State Consumer Disputes Redressal Commission at Mumbai (for short “the State Commission”) second Opposite Party namely Lufthansa German Airlines  has preferred this Appeal under Section 19 of the Consumer Protection Act (for short “the Act”).  By the impugned order, the State Commission has forfeited the right of the Appellant herein for filing the Written Version as there was a delay of 52 days in filing the same.  The State Commission observed that the Application seeking condonation of delay in filing the Written Version was being dismissed as there is no provision in the Act for condonation of delay as far as Written Version is concerned.

2.       Ld. Counsel for the Appellant submitted that the State Commission without considering the submission that the State Commission had the discretion to condone the delay of 52 days, did not chose to do so despite the fact that Written Version was ready and filed before the State Commission on 17.01.2018. 

3.       Ld. Counsel for the Respondent/Complainant vehemently contested the matter stating that 45 days as stipulated under the Act has to be strictly construed as laid down by the Hon’ble Supreme Court in Dr. J.J. Merchant & Ors. Vs. Shrinath Chaturvedi     (2002) 6 SCC 635 and therefore the State Commission was right in dismissing the application seeking condonation of delay.

4.       The matter regarding the extension of time beyond 45 days in fling the Written Version in terms of Section 13 of the Consumer Protection Act, 1986 has been considered by the Hon’ble Apex Court in a number of cases from time to time.  As per the order dated 10.02.2017 passed by the Hon’ble Supreme Court in Reliance General Insurance Co. Ltd. & Anr. Vs. M/s Mampee Timbers & Hardwares Pvt. & Anr. [Civil Appeal D. No. 2365 of 2017 decided on 10.02.2017] it has been stated as follows:-

“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.”

5.       It is clear from the above order that the Written Version can be allowed to be filed by the Consumer Fora on suitable terms, which includes payment of costs to the Complainant.  Having regard to the facts and circumstances and the afore-noted judgement we are of the considered view that the Written Version may be taken on record on payment of costs of ₹20,000/- to be paid to the Complainant on or before 10.10.2018.  Hence this Appeal is allowed and the order of the State Commission is set aside and both the parties are directed to appear before the State Commission on 10.10.2018, prior to which date, the costs of ₹20,000/- shall be paid directly to the Complainant and on payment of such costs the State Commission shall take the Written Version on record and proceed in accordance with law and dispose of the matter as expeditiously as practicable but not later than six months from the date of 10.10.2018.