NCDRC

NCDRC

FA/842/2019

BLUE BELL PROPTECH P LTD - Complainant(s)

Versus

GOVIND BIHANI & ANR. - Opp.Party(s)

M/S. ARTHA ADVOCATES & LEGAL ADVISORS

08 Jan 2020

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 842 OF 2019
 
(Against the Order dated 15/02/2019 in Complaint No. 679/2016 of the State Commission Delhi)
1. BLUE BELL PROPTECH P LTD
C-10, C-BLOCK MARKET VASANT VIHAR
NEW DELHI 110057
...........Appellant(s)
Versus 
1. GOVIND BIHANI & ANR.
R/O.A-8/40, 2 FLOOR RANA PRATAP BAGH 4
DELHI 110007
2. SUNITA BIHANI
R/O. A-8/40, 2 FLOOR, RANA PRATAP BAGH 4
DELHI 110007
...........Respondent(s)

BEFORE: 
 HON'BLE MR. PREM NARAIN,PRESIDING MEMBER

For the Appellant :
Ms R Gayathri Manasa, Advocate
For the Respondent :NEMO

Dated : 08 Jan 2020
ORDER

Learned counsel for the appellant is present, however, none is present on behalf of the respondents even after service of notice.

        This appeal has been filed by the appellant against the order dated 15.02.2019 of the State Consumer Disputes Redressal Commission, Delhi in CC no. 679 of 2016. Learned counsel for the appellant states that the State Commission vide its impugned order has closed the opportunity to file the written statement, whereas the written statement was filed three days before the impugned order has been passed. Learned counsel further states that there was no representation on behalf of the appellant on that date when the order was passed. She further states that the learned State Commission has passed the order on the basis of the judgment of the Hon’ble Supreme Court in the case of New India Assurance Co. Ltd., vs Hilli Multi Purpose Cold Storage Pvt. Ltd., decided on 04.12.2015. She further states that the position has been changed now and the Hon’ble Supreme Court is allowing written statement to be taken on record even if they are filed with delay.

        I have considered the arguments advanced by the learned counsel for the appellant and examined the material on record. It is true that the State Commission has passed the order based on the decision of the Hon’ble Supreme Court in the case of New India Assurance Co. Ltd., vs Hilli Multi Purpose Cold Storage Pvt. Ltd. (Supra), however, the Hon’ble Supreme Court in the case of Reliance General Insurance Company Ltd. And another Vs. M/s. Mampee Timbers and Hardwares Pvt. Ltd. And another [Civil Appeal No…..of 2017 (D. No.2365 of 2017) decided on 10.2.2017, has allowed the consumer fora to accept the written statement filed with delay in appropriate cases on suitable terms. Notice was given to the respondent in the present case however, none is present today in spite of service of notice. Accordingly, relying on the order of the Hon’ble Supreme Court in the case of Reliance General Insurance Company Ltd. And another Vs. M/s. Mampee Timbers and Hardwares Pvt. Ltd. And another (Supra), I deem it appropriate to allow the appeal and direct the State Commission to take the written statement on record, if already filed and if not filed may be filed within a period of two weeks from today. Order dated 15.02.2019 of the State Commission is set aside. This order is being passed at a cost of Rs.30,000/- to be paid to the complainant before the next date of hearing before the State Commission, which is stated to be 22.01.2020 or on that date.

 

Later on Mr Ashish Aggarwal, Special power of attorney holder of the respondent has put in his appearance and he has been apprised of the order.

 
......................
PREM NARAIN
PRESIDING MEMBER

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