SARFRAZ ALI KHAN AND ANOTHER Vs. CHAIRMAN

JUDGEMENT

(1.) The appellants filed a complaint being C. C. No. 286 of 2015 against respondent/OP before Delhi State Consumer Disputes Redressal Commission. The complaint was admitted on 25.5.2015 and the notice was directed to be issued to the OP.

(2.) Pursuant to the notice, OP appeared before the State Commission on 26.8.2015. On the said date, copy of complaint was supplied to the counsel for OP and the OP was directed to file written statement within four weeks, with advance copy to learned counsel for the complainant. The OP, however, filed written statement after the expiry of four weeks' time given to him on 17.2.2016. The State Commission on 24.2.2016 taking note of the fact that the written statement was filed after the expiry of stipulated statutory period and directed that the written statement filed by the Op on 17.2.2016 be taken of the record.

(3.) The OP being aggrieved of the order dated 24.02.2016 filed an application for modification of the order and the State Commission vide its order dated 5.9.2016 reviewed its order vide order dated 24.02.2016 and stayed the proceedings in view of pending decision of larger Bench of Hon'ble Supreme Court in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Private Limited in Civil Appeal No. D 35086 of 2013 etc. (2015) 16 SCC 20 . Being aggrieved of the said order, the complainants have preferred this appeal.