Per Shri B.A.Shaikh, Hon’ble Presiding Member.

1.      This is a Revision Petition filed by the opposite party (for short O.P.) Nos.1 and 2, feeling aggrieved by an order dated 06/12/2017 passed by the District Forum of Chandrapur, in Consumer Complaint bearing No.86/2016, by which the said complaint is proceeded without reply of the present petitioners. We have heard advocate Mr.V.M.Linge appearing for both the petitioners and advocate Mrs.Prerana Bhusari appearing for respondent No.1/original complainant. The respondent No.2/original O.P.No.3 failed to appear despite service of notice and therefore this revision petition is heard    ex-parte against respondent No.2. We have also perused the entire record and proceedings of the present revision petition.

2.      The learned advocate of the petitioner Nos.1 and 2 submitted that the said petitioners had engaged advocate Mr.Bhairav Pandey on their behalf to submit the written statement/version and that he appeared before the Forum below on 30/03/2017 and sought time to file the reply. But subsequently he did not appear before the said Forum and did not file the reply and therefore impugned order is passed to proceed with the complaint without reply of both the petitioners. The learned advocate of the petitioners further submitted that when the above advocate did not give any information about filing of the reply, the petitioners engaged another advocate who verified the record of the Forum below and found that reply was not filed before the said Forum and that hence the Forum proceeded without reply of the present petitioners/original O.P.Nos.1 and 2. He therefore requested that as there was no fault on the part of both the petitioners in not filing the reply, within given time, permission may be granted to them to file the reply after setting aside the impugned order.

3.      On the other hand, the learned advocate of the respondent No.1 submitted that the Roznamas/Order Sheets of the Forum below maintained in that complaint show that though the advocate of the O.P.Nos.1 and 2/petitioners had appeared on 20/01/2017, reply to the complaint was not filed till 06/12/2017. Therefore the learned advocate of the respondent No.1 submitted that after such a long delay, no permission can be granted to the petitioner to file the reply before the Forum below. Hence she requested that the revision petition may be dismissed.

4.      To counter the aforesaid submission of learned advocate of the respondent No.1, the decision of the Hon,ble Supreme Court in the case of Reliance General Insurance Company Ltd and another…..V/s……Mampee Timbers and Hardwares Pvt.Ltd and Anothers….dated 10/02/2017 passed in appeal No.2365 of 2017 is relied on by the learned advocate of the petitioners. The Hon’ble Supreme Court observed in the said order that pending the decision of larger bench in the said matter, it will be open to the concerned Fora to accept the written statement filed beyond the stipulated time of 45 days in an appropriate case on suitable terms, including the payment of cost and to proceed with the matter.

5.      In the instant case, the previous advocate namely Mr.Bhairav Pandey was engaged by the petitioners to file written version before the Forum below. He neither filed the same nor gave intimation of the same to the petitioners. Therefore the petitioners engaged another advocate who on inspection of the record of the complaint found that as no reply was filed, the Forum below proceeded without reply of the petitioners.

6.      Thus we find that an opportunity needs to be granted to petitioners to file reply to the complaint before the Forum subject to reasonable cost by setting aside the impugned order. Hence the following order. 

                                   // ORDER /

I.      The revision petition is allowed as under.

II.     The impugned order is set aside.

iii.      The reply of the revision petitioners/original O.P.Nos.1 and 2 be accepted by the District Forum Chandrapur subject to payment of cost of Rs.25,000/- by the petitioners to the respondent No.1. The said cost be paid on or before 13/08/2018 by way of Bank Demand Draft to the respondent No.1, or alternatively the said amount of Rs.25,000/- be deposited with the Forum below on or before 13/08/2018 for payment to respondent No.1 by the said Forum. If the petitioners failed to pay or deposit the said amount of Rs.25,000/- as above on or before 13/08/2018, then the present revision petition be treated as dismissed. If the said amount is paid or deposited as above on or before 13/08/2018, the reply of the petitioners/O.P.Nos.1 and 2 be accepted by the Forum below within one month from making of payment as above of the said amount.

III.    Copy of the order be furnished to both parties free of cost and its one copy be forwarded to District Forum below for information.