TaxTMI 
TaxTMI 
2002 (7) TMI 562
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....ice, 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 section 13(2)(a). 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. 3. While re....
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....Consumer Protection Act, 1986. It reads as under : "Section 13****** Sub-section (2)****** (a)refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum; (b)where the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Forum, the District Forum shall proceed to settle the consumer dispute,- (i )on the basis of evidence brought to its notice by the complainant and the opposite party, where the opposite party denies or disputes the allegations contained in the complaint, or (ii)on the basis of evidence brought to its notice by the complainant where the opposite party omits or fails to take any action to represent his case within the time given by the Forum." 6. A reading of clause (a) of sub-section (2) of section 13, no doubt, makes it clear that the District Forum would give time of 30 days to the opposite party for the pur....
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....ainant by reason of which the respondent may be debarred from placing his version in defence in any circumstances whatsoever. It is for the Forum or the Commission to consider all facts and circumstances along with the provisions of the Act providing time frame to file reply, as a guideline, and then to exercise its discretion as best it may serve the ends of justice and achieve the object of speedy disposal of such cases keeping in mind principles of natural justice as well. The Forum may refuse to extend time beyond 15 days, in view of section 13(2)(a) but exceeding the period of 15 days of extension, would not cause any fatal illegality in the order. 8. On behalf of the appellant, reliance has been placed on a few decisions of this Court reported in Sharif-ud-Din v. Abdul Gani Lone AIR 1980 SC 303. The case relates to election dispute under the Representation of People Act, and non-compliance of requirements as provided, such provisions were held to be mandatory in nature. Specific consequences as a result of non-compliance, were provided for. It is also observed that normally procedural rules should not be considered as mandatory in nature. The election law is a technical law ....
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....otah AIR 1955 SC 425. The matter relates to an election petition where ex parte proceedings were ordered. This Court as a general proposition of interpretation of Statutes observed as follows : "Now a code of procedure must be regarded as such. It is 'procedure' something designed to facilitate justice and further its ends: not a penal enactment for punishment and penalties; not a thing designed to trip people up. Too technical a construction of sections that leaves no room for reasonable elasticity of interpretation should therefore be guarded against (provided always that justice is done to 'both sides') lest the very means designed for the furtherance of justice be used to frustrate it. Next, there must be ever present to the mind the fact that our laws of procedure are grounded on a principle of natural justice which requires that men should not be condemned unheard, that decisions should not be reached behind their backs, that proceedings that affect their lives and property should not continue in their absence and that they should not be precluded from participating in them. Of course, there must be exceptions and where they are clearly defined they must be given effect to.....