STATE CONSUMER DISPUTES REDRESSAL COMMISSION PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH Date of Institution : 15.01.2025 Date of Reserve : 26.03.2025 Date of Decision : 30.04.2025 The New India Assurance Company Limited, LIC Building Gaushalla Road, Abohar, Tehsil Abohar, District Fazilka through its Branch Manager, now filed through Authorized Signatory of Chandigarh Regional Office, SCO 36-37, Sector 17-A, Chandigarh.

……..Petitioner/Opposite Party Versus Ravi Kant, son of Sh.Subhash Chander, R/o Street No.5, 9^th Chowk, New Suraj Nagri, Abohar Tehsil Abohar, District Fazilka ……..Respondent/Complainant Revision Petition filed under Section 47 (1) (b) of the Consumer Protection Act, 2019, against order dated 18.10.2024 passed by the District Consumer Disputes Redressal Commission, Fazilka.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member Mr. Vishav Kant Garg, Member Present:-

For the petitioner : Sh.Sudhir Gupta, Advocate For the respondent : None SIMARJOT KAUR, MEMBER The present Revision Petition has been filed by the Petitioner to challenge the impugned order dated 18.10.2024 passed by the District Consumer Disputes Redressal Commission, Fazilka (in short the “District Commission”), whereby the defense of the OP had been struck off by the District Commission.

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. The facts of the case of the Petitioner which are necessary for disposal of the present Revision Petition are that the Complaint was filed under Section 35 of the Act titled as “Ravi Kant Vs. The New India Assurance Company Limited” before the District Commission which is still pending. As stated by the Petitioner in the Revision Petition, the Petitioner Insurance Company had received the notice of the Complaint vide dispatch No.DCC/87/2023 dated 23.06.2023. The same was not received back and the District Commission had presumed that notice was received/served on 30.06.2023. On 19.07.2023, Sh.RK Sachdeva, Advocate deputed by the Insurance Company had appeared before the District Commission and filed his Power of Attorney. Thereafter the Complaint was adjourned to 04.08.2023 for filing written statement along with documents. On 04.08.2023, the Counsel had requested for adjournment and the case was put up for 16.08.2023 for filing written statement along with documents. The same was filed by the Counsel for the OP on 16.08.2023 before the District Commission Fazilka. On 16.08.2023, the Counsel for the Respondent/Complainant had moved an Application for striking off the defence of the Petitioner Insurance Company on the ground that the written statement had not been filed within stipulated time of 45 days from the date of receipt of notice as mandated in the CP Act. The reply to the Application had been filed by the Petitioner/OP. However, the District Commission had decided the Application of the Respondent and stuck off the defence of the Petitioner/OP vide order dated 18.10.2024 and adjourned the case for 12.11.2024 for evidence of the Complainant.

4. Aggrieved by the order dated 18.10.2024 passed by the District Commission, the Petitioner/OP has filed the present Revision Petition for setting aside the said order. The relevant part of the said order is reproduced as under:

“As such, time for filing written statement as provided under section 13 (1) (a) of Consumer Protection Act, 1986 now replaced by section 38(2)(a) of the Consumer Protection Act, 2019 which is in force since 20/24.07.2020 is 30 +15 days as provided in the statute.

Accordingly, opposite party was required to file written statement within the stipulated period as enshrined under the provisions of Consumer Protection Act. In view of the law cited above and provisions of Section 38 (2)(a) of the Consumer Protection Act 2019, the defence of the opposite party is struck off and written statement filed by opposite party is ordered to be return