The consumer commission cannot condone the delay in filing a written statement beyond the statutory limit of 45 days from the date of service.

JUDGEMENT

1. The Present Appeal has been preferred by the Opposite Party/Appellant impugning the Order dated 21.08.2023 passed by District Commission in Consumer Complaint No. 715/2019 titled Richa Agarwal Vs. Bank of Baroda whereby the Appellant/Opposite Party’s Written Statement was refused to be taken on record on the ground that the Written Statement was filed over and above the statutory period.

2. The Counsel for the Appellant submitted that the documents pertaining to the said complaint case was not served with the annexures of the complaint. More so, the Appellant submitted that the said delay of 71 days was caused as the Appellant had to gather the details/records of the Complainant/Respondent as maintained by the branch of the Appellant and further, the said details/records were not received from the insurance company on time. Pressing the aforesaid contentions, the Appellant has prayed that the Impugned Order dated 21.08.2023 be set aside.

3. The Respondent, on the other hand, denied all the allegations of the Appellant and submitted that there is no error in the impugned order.

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4. We have perused the material available on record and heard the counsel for both the parties.

5. It is the case of the Appellant that the documents pertaining to the said complaint case was not served with the annexures of the complaint.

More so, the Appellant submitted that the said delay of 71 days was caused as the Appellant had to gather the details/records of the Complainant/Respondent as maintained by the branch of the Appellant and further, the said details/records were not received from the insurance company on time. A perusal of the record clearly suggests that the matter was listed before the District Commission and Dasti Notice was issued on 22.11.2019 and sought time to file its written statement. Thereafter, the District Commission granted time to the Appellant/Opposite Party to file the written statement within extended 30 days from 22.11.2023. The Appellant/Opposite Party filed the written statement on 02.03.2023 i.e. after a delay of 71 days. It is to be noted that the Hon’ble Apex Court has left no room for confusion and has already settled the legal position in this regard in New India Assurance Company Ltd vs Hilii Multipurpose Cold Storage Pvt. Ltd. (2020) SCC 75. The Hon’ble Apex Court has categorically held that the Consumer Commission cannot condone the delay beyond the statutory limit of 45 days from the date of service. Thus, we opine that the District Commission has only exercised the jurisdiction vested in it by closing the right of the Opposite Party to file the Written Statement as the time to file the written statement within the statutory period got over and there is no material irregularity in the order dated 21.08.2023 passed by the District Commission.

6. Therefore, in light of the aforesaid discussion, we find no reason to interfere with the order dated 21.08.2023 passed by the District Consumer Disputes Redressal Commission-V, Shalimar Bagh, New Delhi in Consumer Complaint No. 715/2019 titled Richa Agarwal Vs. Bank of Baroda. Consequently, the Appeal No. 626/2023 stands dismissed with no order as to costs.

7. Application(s) pending, if any, stand disposed of in terms of the aforesaid judgment.

8. The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.

9. File be consigned to record room along with a copy of this Judgment. (JUSTICE SANGITA DHINGRA SEHGAL) PRESIDENT (PINKI) MEMBER (JUDICIAL) Pronounced On:

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