06.09.2023:
ORDER
BY HON’BLE MR. JUSTICE HULUVADI G. RAMESH, PRESIDENT
01. The opposite party has filed this R. A. under section 47(1)(b) of the Consumer Protection Act, seeking to set aside the order dated: 09.03.2023 passed on IA No.2 in C.C. No.63/2021 by the District Consumer Disputes Redressal Commission, Chitradurga.
02. On perusal of the order dated: 09.03.2023 on IA No.2, which reveals, opposite party has filed IA No.2 under section 151 of CPC seeking permission to file the version and the District Commission ordered to reject the same on the ground that, the opposite party has not filed version within 45 days.
03. The Learned counsel for opposite party has argued that, due to Covid-19 and its consequences, they could not able to file version and later on filed application on 19.05.2022 and on 09.03.2023, which came to be rejected even if Petitioner has given his consent to record the said version by allowing IA No.2.
04. In the above such circumstances we are of the considered opinion that, as the reasons assigned in the application are to be held bonafide one and the commission could exercise the powers vested in this commission. Hence the Review Application filed by the opposite party is hereby allowed and setaside the impugned order with cost of Rs.500/- payable to the complainant. The District Commission is directed to dispose-off the consumer complaint as early as possible within 03 months affordable opportunities to both parties in accordance with law.
LADY MEMBER JUDICIAL MEMBER PRESIDENT
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