State Consumer Disputes Redressal Commission
Fortpoint Automotive(Cars)Pvt.Ltd. vs Sadanand S.Wagh on 19 August, 2024
BEFORE THE HON'BLE CONSUMER DISPUTES REDRESSAL COMMISSION
FOR THE STATE OF MAHARASHTRA, MUMBAI
REVISION PETITION NO. RP/144 of 2022
Fort Point Automotive (Cars) Pvt. Ltd.,
Ground Floor, First Floor & Second Floor,
Meru Building, Old Jaihind Talkies,
Beside Voltas Building,
Chinchpokali-East,
Mumbai - 400 033. ... Petitioner / Org. Opposite Party
Versus
Sadanand Shanvar Wagh,
Aged 41 Years, Occupation: Driver,
Residing at Nehal Pada, Post Abitghar,
Taluka-Wada, District Palghar,
Maharashtra - 421303. ... Respondent / Org. Complainant
BEFORE:
Mr. M.V. Sharma, Presiding Member
Dr. Satish A. Munde, Member
For Revision Petitioner : Adv. Mukesh Ayan
For Respondent : Adv. Sandhya A. Mailagir
ORDER
(19/08/2024) Per : Mr. Mukesh V. Sharma, Presiding Member
1. This Revision Petition has been filed under Section 47 of the Consumer Protection Act, 1986, by the Petitioner, Fort Point Automotive (Cars) Pvt. Ltd., challenging the Order dated 15th June 2022 passed by the Hon'ble District Consumer Dispute Redressal Commission, Thane, in Consumer Complaint No. CC/2021/737.
2. The impugned Order directed ex-parte proceedings against the Petitioner due to their failure to file a written statement within the prescribed time frame. The Petitioner seeks to set aside this Order. The Petitioner filed this Revision Petition with a delay of 50 days, which has been condoned by this Commission after considering the circumstances outlined in the Miscellaneous Application filed for delay condonation. The Commission noted that the delay was caused due to the medical issues faced by the Petitioner's Legal Manager, as documented by medical certificates .
3. The Petitioner submitted that the Respondent, Sadanand Shanvar Wagh, filed a complaint against the Petitioner before the Hon'ble District Consumer Dispute Redressal Commission, Thane, alleging deficiency in service concerning the purchase of a Maruti Tour V5 Seater STD car. The complaint, filed on 29th December 2021, sought compensation of ₹19,59,056/- for mental agony, harassment, and losses suffered due to alleged negligence in providing services, along with ₹50,000/- as costs of the complaint.
4. The Petitioner, through its Direct Sales Agent (DSA), AK Auto CNG, facilitated the purchase and registration of the said vehicle. The Respondent claimed that the Petitioner failed to complete the registration process within the stipulated time, causing considerable inconvenience and financial loss.
5. The Petitioner argues that the ex-parte Order was passed without due consideration of the circumstances that led to the delay in filing the written statement. The Petitioner contends that the notice of the complaint was received at the Petitioner's old office address, which had been vacated and shifted to a new location in March 2022, causing a significant lapse in communication between the two offices. Additionally, the Legal Manager responsible for handling the case, Mr. Kamal Thakur, was unavailable due to medical reasons, further contributing to the delay in responding to the complaint. Therefore, the Petitioner contended to had a valid reason for not being able to file the written statement within the prescribed period, and this delay was neither intentional nor due to negligence. The notice of the complaint was received at its old office address, which had been vacated and shifted to a new location in March 2022. The delay in communication between the two offices caused a significant lapse in time.
6. After reviewing the submissions, it is evident that the ex-parte Order passed by the District Consumer Dispute Redressal Commission, Thane, on 15th June 2022, was primarily due to a procedural lapse on the part of the Petitioner, compounded by the medical emergencies faced by their Legal Manager. The principle of natural justice mandates that all parties should be given a fair opportunity to present their case. However, Petitioner have admitted that the summons was served to the Petitioner in the month of March 2022 and failed to file the Written Version within stipulated period of time even after lapse of extension granted by Hon'ble Supreme Court via suo moto Writ Peition No.3/2020. Moreover, it is crucial to note that Hon'ble Supreme Court in the case of New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd, has clearly laid down that the statutory period of 45 days for filing a written statement in consumer cases cannot be extended. Therefore, while it would be unjust to completely deny the Petitioner the opportunity to present their case, the filing of a written statement cannot be permitted but an opportunity to argue on law point can be granted. Hence we proceed to pass following order.
:Order :
1) The Revision Petition is partly allowed. The ex-parte Order dated 15th June 2022 passed by the District Consumer Dispute Redressal Commission, Thane, is hereby modified and instead to proceed 'Ex Parte', it be read as to proceed 'without Written Version'.
2) The Petitioner is allowed to argue only on legal points before the District Commission and is at liberty to file written notes of arguments on law points within 30 days from the date of this Order to the registry of District Commission and also to serve the copy of it to the Respondent in advance.
3) The Petitioner to pay the costs of ₹5,000/-, to the Respondent on or before the date of final hearing, before District Commission.
4) Respondent is directed to provide copy of evidence affidavit and other relevant documents submitted by it to the District Commission to the Petitioner within period of 21 days from the date of present order via email /RPAD.
5) The parties are directed to appear before the District Commission on 27th September 2024 for advancing their oral arguments.
6) Order copy be provided to parties and to be sent to District Commission via email.
(Mukesh V. Sharma) Presiding Member (Dr. Satish A. Munde) Member