MANOJ MOHAPATRA Vs. STATE CONSUMER DISPUTES REDRESSAL COMMISSION

JUDGEMENT

(1.) Mr. Pattanayak, learned advocate appears on behalf of petitioners and submits, his clients have impugned orders dtd. 1/12/2016 and 24/3/2017 whereby his clients are deprived of presenting their case before the State Consumer Disputes Redressal Commission. He submits, on 22/9/2016 there was direction for filing written version of defence, on 24/10/2016. His client had prayed for some more time on 24/10/2016 and on 4/11/2016, the date was extended till 25/11/2016. On 25/11/2016 there was direction to list on 1/12/2016, for filing written version. By impugned order dtd. 1/12/2016, by reason of his clients going unrepresented, the case was set ex-parte against them. His clients made Misc. Case no.1132 of 2016 for recalling the ex-parte direction but the same was dismissed by second impugned order dtd. 24/3/2017, on ground that the Commission has no power of review. He submits, only one adjournment was sought by his clients and thereafter on intervening dates there were administrative orders as there was no proceeding in the Commission on those dates. The next date was 1/12/2016, when unfortunately, his clients were not represented.

(2.) He relies on sec. 50 in Consumer Protection Act, 2019 to submit, the new Act provides for power of review to the Commission. He submits, there is error on face of the record because there was no extension granted by the Commission up to 45 days. The extension granted on 24/10/2016 up to 4/11/2016 did not comprise of 45 days inasmuch as the direction to file written version was made on 22/9/2016. He submits further, the dispute has been settled between the parties. Unless this is allowed to be brought on record in the Commission, his client will suffer injustice.

(3.) Mr. Panda, learned advocate appears on behalf of opposite party no.2 (complainant). He submits on reliance of Cicily Kallarackal v. Vehicle Factory reported in (2012) 8 SCC 524, the writ petition is not maintainable. Without prejudice he points out, direction to file written version was given by order dtd. 23/8/2016. The Act of 2019 came into effect on 20/7/2020. By sec. 107 on repeal and savings, the Consumer Protection Act, 1986 stood repealed. The earlier Act did not have provision for review, to be invoked by the Commission.