Brijesh Kumar, J. -
(1.)Leave granted. Heard appellant in person and the learned counsel for the respondent.
(2.)This appeal has been preferred against the order dated April 9, 2001 passed by the National Consumer Disputes Reddressal Commission dismissing the revision filed by the appellant. The short point in controversy is, as to whether or not the State Consumer Disputes Reddressal Commission, could grant time to the respondent to file his reply, beyond a total period of 45 days, in view of S. 13(2)(a) of the Consumer Protection Act, 1986 (for short the Act).
(3.)The appellant filed a complaint before the Gujarat State Consumer Redressal Commission, claiming compensation against the respondent, on account of alleged failure on the part of the respondent in advancing the loan to the appellant despite of furnishing the security for the same. The respondent received notice, issued by the Commission, on 22-2-2000. According to the said notice 4-4-2000 was the date fixed before the State Commission. The respondent appeared on 4-4-2000 and moved an application for adjournment of the case and grant of time to file reply. The case was adjourned for 4-5-2000. On the said date, namely, 4-5-2000, the respondent-Bank filed its reply. The appellant thereafter seems to have filed their rejoinder to the reply filed by the respondent. On the next date, namely, 24-7-2000 the appellant moved an application before the State Commission saying that the reply filed by the respondent was beyond a period of 30 days initially admissible for filing reply and also beyond a further period of 15 days as could be extended for the purpose. Hence, it was prayed that the reply of the respondent may not be accepted on record and the rejoinder filed by the appellant may also be returned to it. According to the appellant, a total period of time for filing of reply could not exceed beyond 45 days, as per S. 13(2)(a) of the Act. The application was, however, rejected by the State Commission but a cost of Rs. 500/- was imposed upon the respondent for late filing of the reply.