The application for condonation of delay in filing a written statement must be submitted within the statutory timeframe, or it will be dismissed.

JUDGMENT

1. The present appeal has been filed on 28.03.2023 challenging the impugned order dated 27.02.2023 passed by the District Consumer Disputes Redressal Commission-IX (East) in Consumer Complaint No. 291/2021 titled as ‘Neo Convent Sr. Secondary School (Minority) vs. Thyssenkrupp Elevator (India) Pvt. Ltd.’. Vide impugned order dated 27.02.2023, the District Commission while deciding upon the application for condonation of delay in filing the written statement has held as follows:

“1. By this order Commission shall dispose of the application of OP seeking condonation of delay in filing the written statement of 12 days. The issue which is more important apart from the delay of 12 days is the timing of filing such application i.e. it was filed on 07.10.2022 i.e. almost after more than 90 days of having filed the written statement which was filed i.e. on 04.07.22.

2. Coming to the contents of the present application, the OP has submitted that the OP was served with copy of the complete paper book on 23.05.22 and in response there of it he has filed written statement on 04.07.22 and there is a delay in filing the written statement for about 12 days and such delay has happened on account of bulky documents required to be gone through before filing of the reply and even various previous employees of OP had left the office, due to Covid-19 Pandemic, and it was difficult to get all these record but in any case, written statement has been filed on 42nd day and this Commission has power to condone the delay which is less than 15 days over & above the expiry of 30 days under provision of section 38(2) of Consumer Protect Act 2019 and it is prayed accordingly that written statement filed by OP be taken on record & delay in filing the written statement be condoned.

3. Ld. Counsel for the complainant has not filed any reply to this application but has filed written arguments. The Commission has heard the arguments and perused the record. Ld. Counsel for OP has argued that since the delay is only of 12 days over and above 30 days and since this Commission has the power to condone the delay of 12 days and since the delay has been sufficiently explained by stating the delay has occasioned on account of bulky records had to be gone through and some employees have left the office of OP during the Covid-19 Pandemic, and all these are reasonable grounds & therefore delay be condoned.

4. It is also argued by Ld. Counsel for OP that there is no period mentioned under Consumer Protect Act 2019 which may give guidelines as to when the application seeking condonation of delay is to be filed and therefore in absence of any provision normal rule as provided under Code of Civil Procedure should be followed & since it is no where mentioned in the Consumer Protect Act 2019 as to when this application seeking condonation of delay has to be filed, it be taken on record & be allowed.

5. Ld. Counsel for complainant on the other hand has argued that written statement has been filed on the 42nd day of having received the complete paper book yet application seeking condonation of delay is filed after 93rd days of having filed written statement i.e. on 07.10.22 and therefore this application, in the eyes of law amount no application therefore application be rejected. In nutshell, application seeking condonation of delay is filed on 135th day of having received the paper book. Ld. Counsel has argued upon the following judgment & he argued that The Hon’ble Supreme Court in New India Assurance Company Ltd. V/s Hilli Multipurpose Cold Storage Pvt Ltd. (2020) 5 SCC