1.       This appeal has been filed under Section 19 of The Consumer Protection Act, 1986 in challenge to the Order dated 03.02.2020 of the State Commission in complaint no. 90 of 2019.

Learned proxy counsel for the appellants makes her submissions on instructions. No one appears for the complainant.

We have perused the record, including inter alia the State Commission’s impugned Order dated 03.02.2020 and the memorandum of appeal.

2.       The appeal has been filed against an interlocutory order of the State Commission vide which it has forfeited the right of the appellants herein, i.e. the opposite parties no. 1 and no. 2 before the State Commission, to file their written version. The said Order is reproduced below for reference:

TSCJ(P) & PMN(M), Docket order dated 03.02.2020

No representation on behalf of the opposite parties in the forenoon and afternoon. Written version of the opposite parties not filed even though this Commission waited up to 4.30. p.m. The right of the opposite parties to file written version is forfeited, in view of expiry of statutory period of 45 days from the date of service of notice. For filing of the evidence affidavit of the complainant, post on 01.04.2020.

3.       At the relevant time, i.e. on 03.02.2020 when the State Commission passed its Order, written version beyond the statutory period of 30 days and the extended period of 15 days thence i.e. beyond total 45 days stipulated under Section 13(1)(a) of The Consumer Protection Act, 1986 (the old Act, then in force) could be permitted to be filed subject to “suitable terms, including the payment of costs” in accordance with the judgment dated 10.02.2017 of Hon’ble Supreme Court in Reliance General Insurance Co. Ltd. & Anr. vs. M/s Mampee Timbers & Hardware Pvt. Ltd. & Anr.

Hon’ble Supreme Court judgment on the subject in New India Assurance Co. Ltd. vs. Hilli Multipurpose Cold Storage Pvt. Ltd. was delivered on 04.03.2020 and was made prospective in its operation by the Hon’ble Court (“This Judgment to operate prospectively”).

4.       We have considered the instant matter in the light of Hon’ble Supreme Court’s judgment in Reliance General Insurance Co. Ltd. & Anr. vs. M/s Mampee Timbers & Hardware Pvt. Ltd. & Anr. whereby written version could be permitted to be filed subject to suitable terms.

Without expressing any opinion about the merits of the case, but considering the nature of the dispute and the overall facts and circumstances in their totality, and also keeping in perspective the first principles of natural justice, we find it just and appropriate that reasonable opportunity may be provided to the appellants to file their written version in a time-bound manner subject to suitable terms.

5.       As such one opportunity is granted to the opposite parties no. 1 to no. 2 to file their written version before the State Commission within four weeks from today, without fail, subject to cost of Rs. 50,000/- to be paid to the complainant within the same period of four weeks from today.

The impugned Order dated 03.02.2020 of the State Commission stands modified to the afore extent.

The opposite parties no. 1 to no. 2 are sternly advised to conduct their defence professionally before the State Commission.

The State Commission is requested to take the written version of the opposite parties no. 1 to no. 2 on record, if filed within four weeks from today and if the cost of Rs. 50,000/- is paid to the complainant within the same period of four weeks from today, to then give opportunity to the complainant to file his rejoinder thereto, and to proceed further with the adjudication of the case in the normal wont as per the law.

It goes without saying that if the written version is not filed within the stipulated period of four weeks from today, or if the cost imposed is not paid within the stipulated period of four weeks from today, the written version of the opposite parties no. 1 to no. 2 shall not be taken on record for consideration, and the State Commission shall so proceed further with the adjudication of the case.

Needless to add that the parties shall appear before the State Commission on the next date fixed before the State Commission.

We note that the respondent herein, i.e. the complainant before the State Commission, is not present today. We deem it appropriate and necessary to request the State Commission that, if, for whatever reason, the complainant is not present before the State Commission on the date next fixed, it may issue notice to him and also direct the opposite parties no. 1 to no. 2 to effect ‘dasti’ service of the notice in addition.

6.    The Registry is requested to send a copy each of this Order to all parties in the appeal and to their learned counsel immediately. The Registry is further requested to communicate this Order to the State Commission by the fastest mode available. The stenographer is also requested to upload this Order on the website of this Commission immediately.  

‘Dasti’, in addition, to facilitate timely compliance.