1 (RP/19/64)

STATE CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA, MUMBAI

REVISION PETITION NO.RP/19/64

FIITJEE LTD.

Kalu Sarai, Sarvpriya Vihar,

Reg.Office 29A, Kalu Sarai

Sarvpriya Vihar,

New Delhi 110 016.

Also at-

Ujagar Complex,

Opp.Deonar Bus Depot,

Off Sion Trombay Road,

Deonar, Chembur East,

Mumbai.

Through its authorized representative

Mridul Pathak

Petitioner/applicant

versus

Kapil Dev

R/o Sindhu 22

New Mandala, BARC Colony,

Anushakti Nagar, Mumbai.

Respondent(s)

BEFORE:

Hon’ble Mr.Justice A.P.Bhangale, President

Hon’ble Dr.S.K.Kakade, Member

PRESENT:

For the Petitioner: Advocate Shri.Gavhane

For the Respondent: Advocate Pravin Tembhekar

ORAL ORDER

Per: Hon’ble Mr.Justice A.P.Bhangale, President

[1]

Heard. By this revision petition petitioner have questioned legality,

prosperity and correctness of the impugned order dated 03/01/2019 passed

in CC/18/85 whereby the learned Addl. Consumer Disputes Redressal

Forum, Mumbai Suburban District, Bandra(E), Mumbai 400 051 proceeded

to pass an order to proceed exparte against opponent Nos.1,2 and 3.

[2]

According to the learned Advocate for petitioner written version was

ready but it was not accepted on 18/02/2019. Prior to that learned Advocate

2 (RP/19/64)

representing the opponent was not keeping good health could not remain

present before the learned Forum. Under these circumstances, it is prayed

that delay occurred be condoned in the larger interest of justice to provide

opportunity to the opponent to contest the complaint on merits.

[3]

On the other hand it is contended on behalf of complainant/

respondent that no such opportunity shall be granted as written version was

not filed within the limit of 45 days permissible under the provisions of the

Consumer Protection Act, 1986 and in view of the different rulings

regarding strict construction of limitation period.

[4]

We find that opponent was served on 12/11/2018. But due to absence

of Advocate representing them party could not attend the Forum and though

written version was ready it was not accepted on 18/02/2019. Exparty order

was passed on 03/01/2019. In the larger interest of justice to ensure that

complaint ought to be decided on merits and in accordance with law we

condone the delay and set aside impugned order subject to payment of costs

of Rs.2,000/- (Rupees Two Thousand only) payable to the complainant by

applicant/opponent as condition precedent for filing of written version on

the adjourn date before the learned District Forum below. Thereafter,

learned Forum below to proceed further on merits in accordance with law to

dispose of the complaint. Revision petition is allowed accordingly. Parties

to remain present before the learned Forum below on 02/08/2019 at

10.30 a.m.

Certified copy of this order be supplied to the parties.

Pronounced on 25^th July, 2019.

[JUSTICE A.P.BHANGALE]

PRESIDENT

[Dr.S.K.KAKADE]

MEMBER

rsc

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