O R D E R    S H E E T

DATE OF ORDER

 ORDER WITH SIGNATURE

ORDER OF THE REGISTRAR ON OFFICE NOTING

02.09.2020

            THROUGH VIDEO CONFERENCING

                  None for the petitioner.

                   None for the respondent.

                   Perused the revision petition and the impugned order.

                   This revision petition is directed against the order dated  24.07.2019  passed by the District Consumer Disputes Redressal Commission, Morena (For short District Commission) in C.C.No.83/2019 whereby the District Commission has fixed the complaint case for final arguments, without taking reply of the petitioner/opposite party on the record.

               Having gone through the revision petition and the record of the District Commission we find that notice was ordered to be issued on 29.05.2019 and was issued on 03.06.2019, which as per the tracking report was actually served on the petitioner/opposite party on 10.06.2019.  Before expiry of 45 days from the date of service of notice of complaint, the District Commission, without

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commenting on the closure of right to file reply to complaint of the petitioner/opposite party, fixed the case for final hearing vide order dated 24.07.2019.  The petitioner/opposite party is thus denied right to file reply to the complaint before the expiry of prescribed time limit.

                  In the circumstances, we find that the impugned order being in violation of the spirit of Section 13 of the Consumer Protection Act, 1986 as the maximum time limit of 45 days, required to be given for filing reply to the complaint has not been given, but the case was fixed for final hearing, deserves to be set-aside.

                   As a result, the impugned order is set-aside and the case is remanded to the District Commission for deciding it afresh in accordance with law. Petitioner is permitted to file reply within 30 days from today. The District Commission may proceed further in the matter in accordance with law.

                   With the aforesaid directions, the revision petition stands disposed of.

     (Dr. Monika Malik)      (S. S. Bansal)

       Presiding Member            Member