Timelines set by consumer protection legislation for filing responses are strict and cannot be extended by the Commission.

Nagesh.C.Kumbre, Hon’ble Member J U D G M E N T Per Milind S.Sonawane, Hon’ble Presiding Member.

This is revision petition under S.47(1)(b) of Consumer Protection Act 2019 ( the ‘C.P.Act’ for short) has been preferred against the order dated 15/04/2024 passed by the ld. District Consumer Disputes Redressal Commission, Ahmednagar (the ‘District Commission’ for short) in C.C.No.31/2024. By the said impugned order the District Commission directed that, the matter before it be proceeded without ‘written version’ of revision petitioner.

2. The facts relevant to this revision petition are that, the respondent wish to construct the house and grocery shop bearing City Survey No.1563 situated at Mauje Kadgaon on his own land. For that purpose there has been construction agreement between him and the revision petitioner. It is agreed that, the construction would be done as per the sanctioned plan @ 1399/- per sq.ft. . The construction was to be completed between 01/12/2022 to 31/08/2023. The respondent alleged to have paid sum of Rs.18,80,000/- from time to time to the revision petitioner. However, the revision petitioner stopped the construction work. Being aggrieved thereby the respondent filed the above mentioned consumer complaint before the District Commission.

3. Notice of the consumer complaint along with all the annexure has been issued to the revision petitioner on 15/02/2024. The same has been received by the revision petitioner on 27/02/2024. On 27/02/2024 the revision petitioner appeared before the District Commission. Till 12/04/2024 he has not filed the written version. As such, the respondent moved an application Exh.13 before the District Commission praying that, the revision petitioner has not filed written version within the period of 45 days as contemplated under S.38(2)(a) of the Consumer Protection Act, 2019 and therefore the order for proceeding the matter without written version of the revision petitioner may kindly be passed. The District Commission after verifying the same passed such order which is an impugned order in this matter.

4. We heard Adv.A.P.Avhad for revision petitioner and also Adv.N.K.Choudhary for the respondent.

5. Adv.Avhad for the revision petitioner argued that, there are various aspects under challenge regarding the construction of the house and grocery shop, as to its area and the rate of the construction.The respondent has not disclosed various facts before the District Commission. If the matter proceeded without written version of the revision petitioner it would cause the failure of the justice. In the absence of the pleading of the revision petitioner the matter before the Ld. District Commission could not be judiciously decided. The written version of the revision petitioner was and is ready. Thus, it will be in the interest of justice to quash and set aside the impugned order and direct the District Commission to take the written version of the revision petitioner on record.

6. On the other hand, Adv.N.K.Choudhary for the respondent submitted that, after the issuance of the notice of the consumer complaint on 15/02/2024 to the revision petitioner, it is received by him on 27/02/2024. On the same date he appeared before the District Commission and not filed the written version till the date of the impugned order i.e. 15/04/2024. The time limit of 45 days for filing of the written version by the revision petitioner expired on 12/04/2024. As such, according to him there is no illegality or infirmity in the impugned order, which requires interference by this Commission.

7. It is clear from the record that, the revision petitioner did not file written version within the stipulated time limit of 45 days as contemplated by S.38(2)(a) of the C.P.Act . The constitution bench of the Hon’ble Supreme Court in case of New India Assurance Co. Ltd. –Vs- Hilli Multipurpose Cold Storage Pvt. Ltd. (2020) 5 SCC 757 held that, the District Commission has no power to condone the delay beyond the period of 15