IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 03.10.2023 Date of Hearing: 07.01.2025 Date of Decision: 13.01.2025 FIRST APPEAL NO.-514/2023 IN THE MATTER OF KUNDAN RICE MILLS LIMITED

3, SCINDIA MARG, II FLOOR, JANPATH, CONNAUGHT PLACE, NEW DELHI-110001 ALSO AT:

D-17, CENTRAL MARKET, PRASHANT VIHAR, DELHI-110085 …APPELLANT (Through: Mr. Prithu Garg, Advocate Mob.9654302639, 9871256267 &

Email : prithu@gnslegal.in, office@gnslegal.in)

VERSUS

1. UNITED INDIA INSURANCE CO. LTD.

455, MALL ROAD, LUDHIANA, PUNJAB (THROUGH ITS DIVISIONAL MANAGER) 2. UNITED INDIA INSURNACE CO. LTD.

136, FEROZE GANDHI MARKET LUDHIANA, PUNJAB-141001 ….RESPONDENTS (Through: Ms. Sanjay Kumar Cheetri, Advocate Mob. 9899933574 &

Email: sanjaykumarchhetry@gmail.com)

CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Prithu Garg, counsel for the Appellant.

Mr. Gaurav Garg, counsel for the Respondent.

PER : HON’BLE PINKI, MEMBER (JUDICIAL)

JUDGMENT

1.

The present appeal has been filed on 03.10.2023 impugning the order dated 19.09.2023 passed by the District Consumer Disputes Redressal Commission-VI (New Delhi District), M- Block, 1^stFloor, Vikas Bhawan, I.P. Estate, New Delhi-110002, in Complaint Case No.67/2020. The order dated 19.09.2023 reads as under:

“Counsel for OP seeks one week’s more time to file the written statement to the amended complaint. Advance copy be supplied to complainant.

Be listed on 04.12.2023.”

2.

Aggrieved by the aforesaid order the appellant has filed the present appeal inter-alia contending that the Ld. District Commission has erred in granting time to the respondents for filing their reply/ written statement to the Amended Complaint beyond the maximum permissible period of 45 days as the amended complaint was taken on record on 11.07.2023 and the limitation period of 45 days for filing written statement to the Amended Complaint commenced on 11.07.2023.

3.

As per order dated 01.02.2024, counsel for the respondents did not wish to file reply to the appeal.

4.

Both the parties have filed their short written submissions.

5.

We have carefully perused the material on record.

6.

The only question for consideration before us is whether the District Commission was right in granting time to the respondent to file written statement to the amended complaint.

7.

To resolve this issue, we deem it appropriate to refer to the Section 38(2)(a) of the Consumer Protection Act, 2019 which provides as under:

“Section 38(2): Where the complaint relates to any goods, the District Commission shall,-

(a) refer a copy of the admitted complaint, within twenty- one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by it;

8.

A perusal of the above statutory provision reflects that the written statement is to be filed by the respondent /opposite party within thirty days or such extended period not exceeding fifteen days as may be granted by the Consumer Commission. Thus, for getting the benefit of extended 15 days period, an application for extension of 15 days period has to be filed before the District Commission. However, in the present case, from the record we find that no such application for extension of time in filing the written statement has been filed by the respondent /opposite party before the District Commission.

9.

In the present case, it is an admitted fact that the complaint before the District Commission was filed in the year 2020. On 07.09.2020, notice to the compliant was issued to the respondents for 11.11.2020. On 11.11.2020 and 01.04.2021 no effective hearing took place due to incomplete quorum. Counsel for the respondents had appeared for the first time on 12.04.2021 and requested to supply copy of complaint which was accepted by the District Commission and 30 days time was granted to file written statement an