1 (RP 22/64)

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

MAHARASHTRA, MUMBAI

Revision Petition NO. RP/22/64.

In Consumer complaint CC/21/119.

Ayman Foods Pvt.Ltd.

A Pvt. Ltd. Company inter alia engaged

In manufacturing/supplier of fast food,

Having its office at flat No.C-1001,

S.No.72/A, Wanawadi, Pune 411 040. ... Revision Petitioner(s).

Versus

Ayan Enterprises

Through its Proprietor Faiyaz Shaukat,

Ali Dhanse.

House No.1038, Post Morba,

Tal.Mangaon, Dist. Raigad. ... Respondent(s)

BEFORE:

Justice S.P. Tavade – President.

A.Z.Khwaja – Judicial Member

For the Revision Petitioner : Adv. Dinesh Guchiya.

For the Respondent : None.

ORDER

(Delivered on 28/09/2022)

Per Hon’ble Judicial Member- A.Z.Khwaja:

Being aggrieved by the order dated 22/11/2021 passed by the District

Consumer Disputes Redressal Commission, Raigad in Complaint

No.119/202, Petitioner/original opponent - Ayman Foods Pvt.Ltd. has

2 (RP 22/64)

preferred the present Revision Petition. By the impugned order the

application filed by the Petitioner/Opponent seeking permission to file

written statement on record came to be dismissed. After the filing of the

Revision Petition, due notice was issued to the respondent and the same

was also duly served to the respondent. Today respondent is absent.

Hence, we heard the advocate for the Petitioner.

It is submitted by the Learned Advocate for the Petitioner that the

copy of the consumer complaint was received by the present Petitioner on

04/02/2021, but the Petitioner could not file written version till April, 2021

due to Covid-19 Pandemic situation and so, Petitioner subsequently filed

the application for permission to file written version before Learned

District Consumer Dispute Redressal Commission, Raigad.

We have heard Learned Advocate for the Petitioner and also perused

the impugned order dated 22/11/2021. Bare perusal of the impugned order

shows that after receipt of the notice by the present Petitioner/Opponent,

the present Petitioner appeared before the Learned District Consumer

Dispute Redressal Commission, Raigad on 08/05/2021, but did not file the

written statement till the month of November 2021. It is necessary to

mention that the exemption granted due to Covid-19 Pandemic by the

Hon’ble Supreme Court will not cover the case of the present Petitioner as

the present application filed by the Petitioner was much later and the order

was passed later on 22/11/2021. We find that the period of 45 days

available to the present Petitioner ended in the month of May 2021 and so

in view of the fact that the period of 45 days to file written version was

mandatory it is no longer open to the Learned District Commission to

condone the delay. As such we do not find any error or infirmity in the

order dated 22/11/2021 passed by the Learned District Consumer Dispute

3 (RP 22/64)

Redressal Commission, Raigad and so we hold that the revision petition is

devoid of any substance and hence, we pass the following order:

ORDER

1.Revision Petition No.RP/22/64 is hereby dismissed.

2.Parties to bear their own costs.

3.Copies of this order be furnished to the parties.

[Justice S.P.Tavade]

President

[A.Z.Khwaja]

Judicial Member

hvm

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