Consumer Commission Can Condone Delay For Filing Written Version Upto 15 Days Only : Supreme Court

The Supreme Court observed that a Consumer Commission has no jurisdiction to condone the delay for filing opposite party's written version beyond the prescribed period of 15 days mentioned in the Consumer Protection Act, 2019.Before the National Consumer Disputes Redressal Commission (NCDRC) in this case, the opposite party filed written statement (version) beyond the period of 45 days. The Commission refused to condone the delay by observing thus: "Time for filing the Written Version as provided under Section 13 (1) (a) of the Consumer Protection Act, 1986 now replaced by Section 38 (2) (a) of the Consumer Protection Act, 2019 which is in force since 20/24.07.2020 has expired. This Commission does not have the power to condone the delay beyond 30 + 15 days as provided in the statute. Right of Opposite Party No.2 to file the Written Version stands closed."Aggreived with this order, the opposite party approached the Apex Court by filing a Special Leave Petition (SLP)."It is not in dispute that the written statement was filed beyond the period of 45 days. The period of limitation to file is 30 days which can be condoned up to 15 days only. As observed and held by this Court in the case of New India Assurance Co. Ltd. vs. Hilli Multipurpose Cold Storage (P) Ltd. (2020) 5 SCC 757, the Tribunal has no jurisdiction to condone the delay beyond the prescribed period mentioned in the Statute.", the bench of Justices MR Shah and MM Sundresh observed while dismissing the SLP.In Hilli Multipurpose Cold Storage Private Limited, the Constitution Bench held that Consumer Protection Act 1986 did not empower the Consumer Forum to extend the time beyond the period of 45 days. The time period prescribed under Section 13 of the Consumer Protection Act is mandatory, and not directory, the court had held. It also observed that the timeline will start from the time that notice along with complaint is received and not just notice.Last year, in Dr. A Suresh Kumar vs. Amit Agarwal, the court held that this law declared by the Constitution Bench operates only prospectively.Case detailsAntriksh Developers And Promoters Private Limited vs Kutumb Welfare Society | 2022 LiveLaw (SC) 930 | SLP (Diary) 31629/2022 | 4 November 2022 |Justices MR Shah and MM SundreshFor Petitioner(s) Ms. Vanshaja Shukla, AOR Mr. Aakash Nandolia, Adv. Mr. Sajal Singhai, Adv.HeadnotesConsumer Protection Act, 2019 ; Section 38(2)(a), 59(1) - The period of limitation for opposite party to file written version is 30 days which can be condoned up to 15 days only - The Tribunal has no jurisdiction to condone the delay beyond the prescribed period mentioned in the Statute - Referred to New India Assurance Co. Ltd. vs. Hilli Multipurpose Cold Storage (P) Ltd. (2020) 5 SCC 757.Click here to Read/Download Order

Consumer Commission Can Condone Delay For Filing Written Version Upto 15 Days Only : Supreme Court

Ashok KM

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