NATIONAL INSURANCE CO. LTD. Vs. VASANTHI

JUDGEMENT

(1.) This Appeal is filed against the order dated 10.11.2020 of the Tamilnadu State Consumer Disputes Redressal Commission, Circuit Bench at Madurai (in short "the State Commission) in M.P. No.15/2020 in CC/29/2019, whereby the State Commission dismissed the application filed by the Appellant/Opposite Party for condonation of delay of 392 days in filing the written statement. Appellant has made following prayer: -

(2.) The only issue in this Appeal relates to foreclosure of right of the Opposite Party to file written statement. The merits of this case, therefore, need not be discussed.

(3.) Heard the Learned Counsel for the Appellant and carefully gone through the record. Learned Counsel for the Appellant submitted that the State Commission failed to appreciate the fact that the Complainant had given no objection for filing the written statement. Once the Complainant had given no objection, State Commission had no jurisdiction to reject the application for condonation of delay in filing the written statement. It was submitted that the impugned order had been passed in view of the judgment of Hon'ble Supreme Court in New India Assurance Co. Ltd. vs. Hilli Multipurpose Cold Storage Pvt. Ltd. In the said judgment, there is no bar or restriction for filing the written statement after expiry of period of 45 days, if the Complainant has given no objection.