GENERAL MANAGER TELECOMMUNICATIONS Vs. NEEDLE INDUSTRIES INDIA LTD

JUDGEMENT

(1.) ON going through the records we find that the Counsel appearing for the Appellants is well founded in his submission that the State Commission had acted illegally in affording the appellants herein who are the Opposite Parties in the complaint filed before it a period of only 9 days to appear and contest the complaint, while the statutory period mandatorily required to be allowed to the Opposite Parties is 30 days from the date of receipt of the notice (Section 13 of the Consumer Protection Act). The notice despatched by the State Commission was served on the Opposite Parties (Appellants herein) only on 22.1.1993 which was the very date fixed for hearing of the case and naturally it was not possible for the Appellant� which is the Telecommunication Department to make arrangement for contesting the case on that date. Ignoring this aspect the State Commission has proceeded to summarily dispose of the matter ex-parte against the Appellants.

(2.) NOTWITHSTANDING the efforts made by the Counsel appearing for the Respondent to sustain the impugned order we are unable to see on what ground the procedure above mentioned adopted by the State Commission can be justified. We set aside the impugned Order passed by the State Commission and remand the case to the State Commission for disposal de novo in accordance with law after affording an opportunity to the Appellants herein to file their written statement of defence and after giving due chance to both sides to adduce their evidence before the State Commission. The parties will bear their respective costs.