State Consumer Disputes Redressal Commission
Bajaj Finance Limited. vs Sh. Purander Kumar Sharma. & Anr. on 23 November, 2020
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION SHIMLA
R.P. No. : 11/2020
Date of Presentation: 18.03.2019
Date of Order : 23.11.2020
......
Bajaj Finance Limited, Tridev Bhawan,
Khalini Chowk, Khalini, Shimla-2, H.P.
Through its Branch Manager.
... Revisionist/ Opposite Party No. 1
Versus
1. Purander Kumar Sharma
S/o Lt. Sh. Gunn Parkash Sharma
R/o Rishi Kunj Shanti Kunj Estate Chakkar Chowk
Shimla District Shimla H.P.
...Non-Revisionist/ Complainant
2. State Bank of India, Shimla Main Branch,
Kali Bari Banch, Shimla-1 H.P.
Through its Chief Manager.
...Non-Revisionist/Opposite Party No.2
__ ________
Coram
Hon'ble Ms. Sunita Sharma Presiding Member
Hon'ble Mr. R.K.Verma Judicial Member
Whether approved for reporting?1 Yes.
For Revisionist. : Mr. Ashwani Kaundal Advocate.
For Non-Revisionists : None.
Ms. SUNITA SHARMA, PRESIDING MEMBER:
O R D E R :-
1. Present revision petition filed against order dated 04.03.2020 passed by learned District Consumer Commission Shimla H.P in consumer complaint No. 178/2019 titled Sh. Purander Kumar Sharma versus Bajaj Finance Limited & Anr. wherein learned District Consumer Commission has closed the right of the petitioner to file reply to the complaint. 1 Whether reporters of the local papers may be allowed to see the order? Yes.
Bajaj Finance Ltd. Versus Purander Kumar Sharma & Anr.
(R.P. No.11/2020)
2. Brief facts of the case are that complaint was filed against present petitioner for deducting excess amount to the tune of Rs. 292/- every month. The petitioner was served on 27.11.2019 for filing reply. On the said date time was granted to file reply which was not filed. On 03.01.2020, 14.01.2020, 22.02.2020 opportunities were granted to the petitioner to file reply on behalf of opposite party No.1. On 04.03.2020 petitioner has not filed reply and sought more time to file reply was declined by learned District Consumer Commission below. Against that order present revision petition has been filed.
3. Only ground taken by the petitioner that learned Commission below cannot adjudicate the dispute arose between the parties on the basis of all the allegations leveled by the petitioner. Learned counsel the petitioner failed to reply that why reply was not filed by them on the dates mentioned above. The Hon'ble Supreme Court of India in Civil Appeal No. 10941-10942 of 2013 decided on 04.03.2020 titled New India Assurance Company Ltd. vs Hilli Multipurpose Cold Storage Ltd. 2020 (5) SCC 757 has given detailed judgement that time cannot be extended beyond the period prescribed under the Act and District Commission below has no power to extend the time to file reply to the complaint beyond the period of 15 days in addition of 30 days from issuance of notice as envisaged under Section 13 of the Act.
2
Bajaj Finance Ltd. Versus Purander Kumar Sharma & Anr.
(R.P. No.11/2020)
4. The decision of Hon'ble Apex Court of India is binding upon all Courts, Tribunal under Article 141 of Constitution of India, therefore learned District Commission below has rightly closed the right to file reply on 04.03.2020. The judgement of Hon'ble Apex Court of India is prospective in nature. In view of above right to file reply was rightly closed by learned District Consumer Commission below on 04.03.2020 and order passed by learned District Consumer Commission below is affirmed and present revision petition is accordingly rejected.
5. No order as to costs. Parties are directed to appear before learned District Consumer Commission on 10.12.2020. Certified copy of order be sent to learned District Consumer Commission Shimla (H.P) forthwith for compliance and file of State Commission be consigned to record room after due completion forthwith. Certified copy of order be transmitted to parties free of costs. Revision petition is disposed of. Pending application(s) if any also disposed of.
Sunita Sharma Presiding Member R.K.Verma Judicial Member 23.11.2020.
SS * 3 Bajaj Finance Ltd. Versus Purander Kumar Sharma & Anr.
(R.P. No.11/2020) 4