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MANOJIT MANDAL
Wow Momo Foods Private Limited – Appellant
Versus
Dipanjan Sengupta Mogra Amodghata Mogra – Respondent
JUDGMENT
Manojit Mandal, President—This appeal under section 41 of the Consumer Protection Act, 2019 (in short, ‘the Act’) against the order dated 16/08/2024 passed by the Learned District Consumer Disputes Redressal Commission, Hooghly (in short, ‘the District Commission’) in connection with M.A. Case No. 19/2024 arising out of complaint case No. CC/87/2023 whereby the Learned District Commission dismissed the M.A. Application filed by the appellants.
2. Heard the Learned Advocate appearing for the appellants at length and in full. Perused the record, memo. of appeal, impugned order and other relevant documents.
3. Having heard the Learned Advocate appearing for the appellants and on perusal of the record and the memo. of appeal it appears to me that the only issue in this appeal relates to foreclosure of rights of the opposite parties/appellants to file written version. The case of the parties, therefore, need not be discussed.
4. The Learned Advocate appearing for
the appellants has urged that the Learned Commission below has erred in coming to a conclusion without allowing the appellants to submit.
5. He has further urged that the Learned Commission has erred in not setting asi
Mandatory timelines under the Consumer Protection Act for filing responses are rigid, and courts cannot extend them beyond stipulated periods.
Written statement of OP which has been filed beyond statutory period, cannot be taken on record.
Opposite party has been granted 30 days time to file written statement before the State Commission.
1) Petitioner failed to give “Sufficient Cause” for condonation of inordinate delay of more than 2 years in filing Appl. seeking to set aside Orders of Distt. Forum before State Commission.2) “Suffic....
(1) Reasonable Opportunity – The parties are entitled to a reasonable opportunity to address oral arguments on merits or file their written arguments in accordance with law and the appellant is there....
(1) 45 days – as per the settled law and the Provision of law under Section 38(3) (a), the Statutory period of 45 days for filing written version starts from the said date.(2) Initial Period – 38(3) ....
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