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1 - 3 of 3 (0.19 seconds)Consumer Protection Act, 2019
New India Assurance Co. Ltd vs Hilli Multipurpose Cold Storage Pvt Ltd on 4 March, 2020
23. In the case on hand, the Docket proceedings which we
referred to supra in the chronological order, shows that after the
Consumer Complaint was numbered, notice was ordered by the
District Commission to the opposite parties and posted the matter
to 28.02.2022 for the appearance of the opposite parties, on which
date for want of quorum the matter was adjourned to 22.03.2022
on which date vakalat was filed for opposite party No.1 & 2. When
once the vakalat was filed, it can be concluded that the material
papers of the complaint were served to the concerned
advocate/opposite parties No.1 & 2 atleast on the said date. So,
the starting point of the limitation for computing the mandatory
period of 45 days for filing the written version of the opposite
parties start from 22.03.2022 and from the said date the
mandatory period of 45 days shall be completed by 06.05.2022.
So, the opposite parties shall file their written version on or before
06.05.2022. But as seen from the Docket explosion, the District
Consumer Commission without application of its mind to the said
relevant provision of law, i.e. Section 38(3) (a) of Consumer
Protection Act, 2019 and Regulation No.10 of Consumer Protection
Act, (Consumer Commission Procedure) Regulation 2020 and to
the settled law of the Hon'ble five judges Constitutional Bench of
the Hon'ble Supreme Court of India, in the New India Assurance
Company Limited, Case (Mentioned supra), went on granting
adjournments, so liberally up to 17.08.2022 and it shows that the
District Commission granted 103 days, beyond the mandatory
period of 45 days for filing the written version and the same is
against the relevant provision of law of Consumer Protection Act,
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for filing the written version and also the binding precedent of the
Hon'ble Supreme Court, in the New India Assurance Company
Limited, mentioned supra. Thank God ! the District Commission at
last set the opposite parties No.1 & 2 ex-parte on 17.08.2022 for
not filing the written version, after grant of much time, despite
completion of statutory period of 45 days.
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