BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION, GAUTAM BUDDHA NAGAR, NOIDA, UTTAR PRADESH
Consumer Case No. 88 of 2022
IN THE MATTER OF:
RAJESH PANDEY
…COMPLAINANT
VERSUS
DELL INTERNATIONAL SERVICES
INDIA PRIVATE LIMITED & ANR. …OPPOSITE PARTIES
APPLICATION SEEKING CONDONATION OF DELAY IN FILING OF THE
PRESENT REPLY U/S 15 OF THE LIMITATION ACT READ WITH SECTION
151 OF CPC, 1908 ON BEHALF OF THE O.P. No.1
The Opposite Party abovenamed
MOST RESPECTFULLY SHEWETH:
1. That the present application is being preferred on behalf of the Opposite Party No. 1,
Dell International Services India Pvt. Ltd. in CC/88/2022.
2. It is humbly submitted that the O.P. has, as of the date of filing, not received a copy of
the Complaint. Furthermore, it is submitted that the O.P. has applied for a copy of the
Complaint, therefore, it is humbly requested that the delay in filing of the written
statement be condoned.
3. That it is humbly submitted that the limitation period to file the written version
to the Complaint has not commenced yet and shall be deemed to commence
only on the date of receipt of the complete complaint copy. The Hon’ble
Supreme Court of India, in the matter of New India Assurance Co. Ltd. v. Hilli
Multipurpose Cold Storage [(2020) 5 SCC 757], has held that the limitation
period to file written version commences only on the date of receipt of the copy
of the complaint, and not merely the notice of complaint.
4. Further, Regulation 10 (5) of the Consumer Protection (Consumer Commission
Procedure) Regulations 2020, provides that
“(5) Along with the notice, copies of the complaint, memorandum of
grounds of appeal or petition, as the case may be, and other
documents filed shall be served upon the opposite party or
respondent.”
It is accordingly submitted that since the Opposite Party has still not received
the complete copy of the Complaint, i.e., with the documents, the limitation
period to file the written version is yet to commence.
5. Even if this Ld. CDRC were to hold that there is a delay in filing the reply, the said
delay is neither intentional nor deliberate and only on account of the reasons
aforementioned and therefore. the O.P. could not file the present reply within 30 days
before this learned CDRC as the registered head office of the O.P. is situated in
Bangalore. The present application is being made bona fide and in the interest of
justice and grave prejudice would be caused to the O.P. if the delay is not condoned in
filing of the reply and the same is not taken on record. Therefore, it is humbly
submitted that the delay in filling the present reply be condoned.
PRAYER
In light of the aforementioned circumstances it is humbly prayed before this learned
Commission that it may be graciously pleased to:
a) Allow the present application and condone the delay in filing the reply on behalf of
the O.P.;
b) Take on record the reply on behalf of the O.P.;
c) Pass any other order(s) this learned Commission may deem fit in facts and
circumstances of the present case.
OPPOSITE PARTY NO.1
(Through its Authorised Representative)
THROUGH COUNSEL
ADVOCATE FOR OPPOSITE PARTY NO.1
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION, GAUTAM BUDDHA NAGAR, NOIDA, UTTAR PRADESH
Consumer Case No. 88 of 2022
IN THE MATTER OF:
RAJESH PANDEY
…COMPLAINANT
VERSUS
DELL INTERNATIONAL SERVICES
INDIA PRIVATE LIMITED & ANR. …OPPOSITE PARTIES
AFFIDAVIT
I Rahul Tripathi, aged about 36 years, son of Late Mr. Alok Tripathi, presently in Delhi,
am the authorized representative/signatory of Dell International Services India Pvt. Ltd.
having its registered office at No. 12/1, 12/2A, 13/1A, Divyashree Greens, Koramangla
Inner Ring Road, Domlur Post, Bangalore – 560071, Karnataka and its regional office at
Vipul Tech Square, Golf Course Road, Sector-43, Gurgaon – 120002 and solemnly
depose as under:
1. That I am the authorized representative/signatory of the Opposite Party in the present
case and fully conversant with the facts and circumstances of the present case and as
such competent to depose.
2. That the accompanying application to the written statement has been drafted on my
behalf by my counsel, on my instructions on the basis of the official records
maintained by the Opposite Party. The contents of the same are true and correct to the
best of my knowledge and belief and nothing material has been concealed therefrom.
The legal averments are based on the legal advice received by me which is believed to
be true and correct.
DEPONENT
Verification
Verified on this _____ day of June, 2022 that the contents of the above affidavit are true
and correct to the best of my knowledge and belief and nothing material has been
concealed therefrom.
DEPONENT
