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MANOJ JAIN
TDI Infrastructure Ltd – Appellant
Versus
Vikram Barwal – Respondent
JUDGMENT :
MANOJ JAIN, J
1. The respondents, thirty-two in number, filed a joint complaint before the learned National Consumer Disputes Redressal Commission (“NCDRC” in short) on its original side.
2. The opposite parties (OPs) therein are M/S TDI Infrastructure Ltd. and M/S Cannes Property Management Services Pvt. Ltd. Learned NCDRC, vide order dated 20.09.2023, closed their right to file written statements and consequently dismissed applications of OPs. Their review applications were also dismissed, observing that there was no mistake apparent on the face of record.
3. Such orders are under challenge.
4. Since both the petitioners herein are defending the same complaint and are Opposite Party No.1 and 2 respectively in said complaint and since similar contentions have been raised by them, both the petitions are being disposed of by this common order. The petition filed by M/S TDI Infrastructure Ltd bearing No. CM (M) No. 33/2024 shall be treated as lead case for reference purpose.
5. For the sake of convenience, I would be referring to the parties as per their nomenclature before the learned Commission and, therefore, the petitioner - M/S TDI Infrastructure Ltd would be referred to as
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Written statement of OP which has been filed beyond statutory period, cannot be taken on record.
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The striking off of a defendant's defence due to late filing of a written statement, despite court's extension, is unjustifiable, and such extensions are regarded as directory rather than mandatory, ....
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