NCDRC

NCDRC

FA/909/2019

EMAAR MGF LAND LTD. & ANR. - Complainant(s)

Versus

RAINOO DHAR - Opp.Party(s)

MR. ARJUN JAIN

09 Jan 2020

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 909 OF 2019
 
(Against the Order dated 07/05/2019 in Complaint No. 942/2018 of the State Commission Punjab)
1. EMAAR MGF LAND LTD. & ANR.
THROUGH ITS MANAGING DIRECTOR / DIRECTOR / AUTHORISED REP. SECTOR 105, LANDRA BANPUR ORAD OPP. RELIANCE PETROL PUMP
MOHALI
2. EMAAR MGF LAND LTD
THROUGH ITS MANAGING DIRECTOR / DIRECTOR / AUTHORISED REP, 306-307-308, 3 FLOOR, SQUARE ONE, C-2, DISTRICT CENTRE SAKET
NEW DELHI 11017
...........Appellant(s)
Versus 
1. RAINOO DHAR
W/O. SH. RAKESH RAINA, R/O. H NO 3359, PUNJAB VIDHAN SABHA SOCIETY SECTOR 49 D
CHANDIGARH
...........Respondent(s)

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

For the Appellant :
Mr. Arjun Jain, Advocate
Mr. Vipin Chaudhary, Advocate
For the Respondent :
Mr. Sandeep Bhardwaj, Advocate

Dated : 09 Jan 2020
ORDER

These appeals have been filed by the appellant Emaar MGF Land Ltd. & anr. against the separate orders dated 07.05.2019 of the State Consumer Disputes Redressal Commission, Punjab, (in short ‘the State Commission’) passed separately in three consumer complaints being CC Nos.942/2018,943/2018 & 944/2018. By this order, the State Commission has closed the right of the opposite parties/appellants to file the written statement only. Only one case is taken for examination.

2.      Heard the learned counsel for both the parties.  Learned counsel for the appellants has stated that the State Commission has relied upon the judgment of Hon’ble Supreme Court in Civil Appeal No.1638 of 2019, M/s. SCG Contracts India Pvt. Ltd. Vs. K.S.Chamankar Infrastructure Pvt. Ltd. & Ors. decided on 12.02.2019. Learned counsel for the appellants states that this judgment is not applicable in the consumer cases and therefore, the State Commission should not have applied this judgment in these cases.  Learned counsel for the appellants also stated that there was no delay when the learned counsel for the appellants wanted to file the written statement with the State Commission.  As the appellant company was under moratorium from 24.01.2019 to 29.03.2019, thus, if the moratorium period is excluded, there was no delay in filing the written statement.  However, even if the written statement is delayed, the Hon’ble Supreme Court in 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 written statement filed with delay in appropriate cases on suitable terms.

3.      On the other hand, learned counsel for the respondents stated that the complainant is rather interested for disposal of the complaint cases on merit and therefore they have no objection if the written statement is taken on record as per the decision of the Hon’ble Supreme Court in  Reliance General Insurance Company Ltd. and another vs. M/s. Mampee Timbers and Hardwares Pvt. Ltd. And another (supra).

4.      I have carefully considered the arguments advanced by the learned counsel for the parties and have examined the record.  Clearly the Hon’ble Supreme Court in Reliance General Insurance Company Ltd. And another vs. M/s. Mampee Timbers and Hardwares Pvt. Ltd. And another (supra) has passed the following order:-

We consider it appropriate to direct that pending decision of the larger bench, 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 costs, and to proceed with the matter”.

5.     The above order has been passed to enable the consumer fora to take the written statement on record and to proceed with the cases otherwise most of the consumer complaint cases would have stuck due to the judgment of the Hon’ble Supreme Court in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd., Civil Appeal Nos.10941-10942 of 2013, decided on December 04, 2015 (SC) where the written statements were delayedThe judgment of the Hon’ble Supreme Court in M/s. SCG Contracts India Pvt. Ltd. Vs. K.S.Chamankar Infrastructure Pvt. Ltd. & Ors. (supra) is mainly applicable in the cases of Commercial Courts Act, 2015.  When the direct judgments are available to be applied in consumer cases, the State Commission should have relied upon the judgment passed by the Hon’ble Supreme Court in consumer cases.  In my view, the judgment of Hon’ble Supreme Court in M/s. SCG Contracts India Pvt. Ltd. Vs. K.S.Chamankar Infrastructure Pvt. Ltd. & Ors. (supra) is not applicable in the consumer complaint cases in respect of the written statement to be filed. 

6.      As the learned counsel for the complainant has agreed that the written  statement  may  be taken  on record  in accordance with the order in 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 appellants to file their written statement within a period of maximum four weeks, however, if the next date before the State Commission is before four weeks, the written statement be filed on or before that date at a cost of Rs.20,000/-(rupees twenty thousand only) to be given to the complainant in each case. Accordingly, orders dated 07.05.2019 passed by the State Commission in three complaint cases are set aside.  The State Commission shall accept the written statement filed by the opposite parties/appellants herein and then proceed with the matter as per the law and after the cost has been paid. These appeals are accordingly disposed of.

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

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