ORDER

Mr. Ajit Bharihoke, Presiding Member. - This appeal is directed against the order of the State Commission Maharashtra dated 10.8.2016 which reads as under: -

"Advocate Shri Satpute present for the complainant. Complaint was admitted on 15.4.215. Notice was issued after admission. Opponent appeared on 16.9.2015 through Advocate Smt. Kalyani Pathak. Till today opponent has not filed written version. Advocate for the opponent submitted that one application for stay of the proceedings was moved. However, that will not give more time to the opponent more than 45 days to file written version. Hence, matter to proceed without written version of opponent. Adjourned for filing of evidence of complainant. Adjourned to 16.11.2016."

2. Learned counsel for the appellant state the impugned order of the State Commission is not sustainable for the reason that the issue pertaining to the limitation for filing written statement under Section 13 (2) of the Consumer Protection Act, 1986 has been referred to the Larger Bench of Hon'ble Supreme Court and the aforesaid aspect has not been considered by the State Commission.

3. The issue raised by the appellant/opposite party is no more res-integra. Thr