NCDRC

NCDRC

MA/375/2013

M/S. JITENDRA IMPEX (PVT.) LTD. - Complainant(s)

Versus

THE ORIENTAL INSURANCE COMPANY LIMITED - Opp.Party(s)

MR. ARVIND NAYAR AND MR. AMIT BHAGAT

12 Jul 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
MISCELLANEOUS APPLICATION NO. 375 OF 2013
 
IN
CC/278/2012
1. M/S. JITENDRA IMPEX (PVT.) LTD.
...........Appellants(s)
Versus 
1. THE ORIENTAL INSURANCE COMPANY LIMITED
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Appellant :
Mr. Arvind Nayar, Advocate with
Mr. Shashi Mohan, Advocate
For the Respondent :
Mr. Mohan Babu Aggarwal, Advocate

Dated : 12 Jul 2013
ORDER

            Learned counsel for the parties present.  Learned counsel for the opposite party submits that he has filed Vakalatnama on 8.1.2013.   

 

            The record reveals that the notice was dispatched on 30.11.2012.  The order dated 9.11.2012 itself goes to show that the opposite party was directed to file written statement within four weeks from the date of receipt of notice.  The opposite party was also directed to produce the proof of date of service.  Under Section 13 of the Consumer Protection Act, it is incumbent upon the opposite parties to file written version within 30 days and if there is some problem, an appropriate application should be moved seeking 15 days more time.

    In view of Apex Court decision by a Bench consisting of three judges in J. J. Merchant vs. Srinath Chaturvedi III 2002 CPJ 8(SC), no further opportunity can be granted.  Consequently, their right to file the written version stands forfeited.

             The case is now fixed for leading complainant’s evidence on affidavit on 22.7.2013, the date already fixed.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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