SHYAMAL KUMAR GHOSH, MEMBER

The instant Revision Petition has been filed by the revisionist/OP-2 challenging  the order impugned being no – 5 dated 12/08/2022 passed by the ld Trial commission, Howrah in connection with CC no-56/2022 wherein the ld Trial commission has been pleased to fix ex-parte against the OP-2 and being aggrieved and dissatisfied with such order the instant Revision Petition has been filed by the revisionist praying for setting aside the order dated 12/08/2022 passed by concerned Trial commission.

The record was taken up for further hearing on the point of admission.

We have heard the ld counsel for the revisionist/OP-2 and perused the materials on record.

We have also carefully perused the order being no-5 dated 12/08/2022 passed by the Ld trial commission. The said order is reproduced as under :

“complainant files hazira alongwith a petition praying for extension of ad-interim order. Op no-2 enters appearance today by filing vokalatnama and prays for time for filing written version and ld advocate orally submits for time for filing written version but record shows that on 29/06/2022 notice has been served upon the opposite party no-2. So, today statutory period of 45 days for filing is going to be end. It is now 4.30 pm. No written version has been filed from the end of opposite party no – 2. So, case do proceed ex-parte against the opposite party no – 2. The op nos 3 & 4 enter appearance today by filing vokalatnama and also file written version. Copy served. Fix 29/08/2022 for filing written version by op no-1. Ad-interim order dated 21/07/2022 is extended till next date.”

Section-38(2)(a) of the Consumer Protection Act 2019 provides that 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.

In this respect we can safely rely upon a remarkable decision viz NEW INDIA ASSURANCE COMPANY LTD VS HILLI MULTIPURPOSE COLD STORAGE PVT LTD REPORTED IN (2015) 16 SCC 472, wherein the Hon’ble Apex Court held that written version should be filed within 45 days (ie 30 days + another 15 days) otherwise the speedy disposal of the consumer case as well as the main object of the said Act are to be frustrated.

Actually the Consumer Protection Act has been enacted exclusively for the benefit of the consumer/consumers and as such the necessary protection should be given to the consumer/consumers in order to provide speedy disposal of the case with certain reliefs as prayed