By AdminMarch 3, 2021

Consumer For a- bereft of discretion to accept Written Version beyond 45 days

Tags: Advocate in High Court,Arbitrator,Calcutta and Supreme Court of India

Author- Devajyoti Barman, Arbitrator, Mediator, Columnist And Advocate in High Court, Calcutta and Supreme Court of India.  
Introduction- The mandate of law that the written version/written statement was filed beyond the prescribed period of limitation provided under the Consumer Protection Act, 1986 (hereinafter referred to as the ‘Act’), i.e., beyond the period of 45 days. It is not in dispute that as per the provisions of the Act, the written version/written statement is required to be filed within 30 days and the same can be extended by a further period of 15 days is often led to confusion as ragrds its rigidity due to leverage given by the Consumer Foras in certain cases where it is thinks fit to condone the delay of 45 days.
  Discussion- As per the decision of the Constitution Bench of the Supreme Court in the case of New India Assurance company Limited v. Hilli Multipurpose Cold Storage Private Limited, reported in (2020) 5 SCC 757, the District Forum has no power to extend the time to file the response to the complaint beyond the period of 15 days in addition to 30 days as is envisaged under Section 13 of the Act.Therefore, it is often submitted that the aforesaid decision shall not be applicable retrospectively, and more particularly to the complaints filed before the said decision . It is so because a judgment of this Court in the case of Reliance General Insurance Co. Ltd. v. M/s Mampee Timbers &HardwaresPvt. Ltd. (Diary No. 2365 of 2017 decided on 10.02.2017) directing the consumer fora to accept the written statement beyond the stipulated time of 45 days in an appropriate case, on suitable terms, including the payment of costs and to proceed with the matter .
  Findings- The SUPREME COURT OF INDIA in (Civil) No. 1240 of 2021 M/s Daddy’s Builders Pvt. Ltd. & Another …Petitioners Versus Manisha Bhargava and Another …Respondents came too hold that whether the State Commission has the power to condone the delay beyond 45 days for filing the written statement under Section 13 of the Act is concerned, as such, the said issue whether the State Commission has the power to condone the delay beyond 45 days is now not res 4 integra in view of the Constitution Bench decision of the Court in the case of New India Assurance Company Limited v. Hilli Multipurpose Cold Storage Pvt. Ltd. reported in (2020) 5 SCC 757.
It is required to be noted that as per the decision of this Court in the case of J.J. Merchant v. ShrinathChaturvedi, reported in (2002) 6 SCC 635, which was a three Judge Bench decision, consumer fora has no power to extend the time for filing a reply/written statement beyond the period prescribed under the Act. However, thereafter, despite the above three Judge Bench decision, a contrary view was taken by a two Judge Bench and therefore the matter was referred to the five Judge Bench and the Constitution Bench has reiterated the view taken in the case of J.J.Merchant (supra) and has again reiterated that the consumer fora has no power and/or jurisdiction to accept the written statement beyond the statutory period prescribed under the Act, i.e., 45 days in all. However, it was found that in view of the order passed by this Court in Reliance General Insurance Co. Ltd. (supra) dated 10.02.2017, pending the decision of the larger 5 Bench, in some of the cases, the State Commission might have condoned the delay in filing the written statement filed beyond the stipulated time of 45 days and all those orders condoning the delay and accepting the written statements shall not be affected, this Court observed in paragraph 63 that the decision of the Constitution Bench shall be applicable prospectively. We say so because one of us was a party to the said decision of the Constitution Bench.
  Conclusion-The Supreme Court finally concluded that in any case, in view of the earlier decision of this Court in the case of J.J. Merchant (supra) and the subsequent authoritative decision of the Constitution Bench of this Court in the case of New India Assurance Company Limited v. Hilli Multipurpose Cold Storage Pvt. Ltd. (2020) 5 SCC 757, consumer fora has no jurisdiction and/or power to accept the written statement beyond the period of 45 days, we see no reason to interfere with the impugned order passed by the learned National Commission.