State Consumer Disputes Redressal Commission
Tapan Industries Hyundai Motors India ... vs Sh. Lalit Kumar. & Anr. on 9 September, 2019
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION SHIMLA
Revision Petition No.: 49/2019
Date of Presentation: 22.07.2019
Date of Order : 09.09.2019
......
Tapan Industries Hyundai Motors India Ltd. Village Shamlech
Barog Bye Pass Solan Tehsil and District Solan H.P. 173211
...... Revisionist/opposite party
party No.1
Versus
1. Lalit Kumar son of Sh.Het Ram resident of Vilage Dohchi
P.O.Kunihar Tehsil Arki District Solan H.P.
......
...Non-
Non-revisionist No.1/complainant
No.1/complainant
2. Royal Enfield 298/1 Near kasi Theatre Jawaharlal Nehu
Salai Jaffarkhanpet Ashok Nagar Chennai Tamil Nadu-
600083
......
...Non-
Non-revisionist No.2/
No.2/Opposite party No.2
Coram
Hon'ble Justice P.S. Rana (R) President
Hon'ble Ms.Sunita Sharma Member
Hon'ble Mr.R.K.Verma Member
Whether approved for reporting?1 Yes.
Yes.
For Revisionist : Mr.Mukul Sood Advocate vice
Mr.Janesh Gupta Advocate.
For Non-revisionists : None despite service.
JUSTICE P.S. RANA (R) PRESIDENT:
PRESIDENT :
O R D E R:-
1. Present revision petition is filed by revisionist/opposite party No.1 against interim order dated 1 ? Yes.
Whether reporters of the local papers may be allowed to see the order?
Tapan Industries Hyundai Motors India Ltd. Vs. Sh.Lalit Kumar & Anr. R.P. No.49/2019 24.05.2019 passed by learned District Consumer Commission Solan (H.P) in consumer complaint No.20/2019 titled Lalit Kumar Versus Tapan Industries Hyundai India Ltd. & another wherein learned District Consumer Commission did not take on record version of opposite party No.1 on the ground that version not filed within 45 (Forty five) days from the date of service stipulated under Consumer Protection Act.
2. None appeared on behalf of non-revisionists despite service. Non-revisionists are proceeded ex-parte.
3. Matter relating to taking version after expiry of 45 (Forty five) days is lis pendens before Hon'ble Constitutional Bench of Hon'ble Apex Court of India as of today. During the pendency of lis pendens issue before Hon'ble Apex Court of India Hon'ble Apex Court and Hon'ble National Commission have allowed opposite party to file version beyond 45 days from the date of service. See 2017 (2) CPR 592 NC titled Neptune Venture Developers (P) Ltd. versus Shailash Tripathi. See Civil Appeal No. 2365 of 2017 decided on 10.02.2017 by Hon'ble Apex Court of India titled Reliance General Insurance Company Ltd. & others versus M/s Mapee Timbers & Hardware Pvt. Ltd. & others.
4. State Commission is of opinion that it is expedient in the ends of justice and on principle of natural 2 Tapan Industries Hyundai Motors India Ltd. Vs. Sh.Lalit Kumar & Anr. R.P. No.49/2019 justice to allow revisionist to file version before District Consumer Commission subject to costs in view of rulings cited supra. State Commission is of the opinion that no prejudice will be caused to complainant because due opportunity will be granted to complainant to adduce evidence and address arguments before District Consumer Commission and complainant will be compensated with costs. In view of above stated facts revision petition is allowed and revisionist is allowed to file version before learned District Consumer Commission after expiry of forty five days subject to payment of costs to the tune of Rs.10000/- (Ten thousand). Revisionist shall pay costs to complainant before learned District Consumer Commission.
5. Be listed before learned District Consumer Commission Solan (H.P) on date 27.09.2019. Observations shall not effect merits of consumer complaint in any manner. Learned District Consumer Commission shall dispose of consumer complaint within two months after receipt of copy of order because proceedings under Consumer Protection Act are time bound proceedings. Learned District Consumer Commission shall issue notices to learned Advocates engaged by the parties before learned District Consumer Commission. Certified copy of order be sent to learned District Commission Solan (H.P) forthwith for compliance and file of State 3 Tapan Industries Hyundai Motors India Ltd. Vs. Sh.Lalit Kumar & Anr. R.P. No.49/2019 Commission be consigned to record room after due completion forthwith. Certified copy of order be transmitted to parties forthwith free of costs. Revision petition is disposed of. Pending application(s) if any also disposed of.
Justice P.S. Rana (R) President Sunita Sharma Member R.K.Verma Member.
09.09.2019 Manoj 4