Consumer Protection Act, 1986: Claim for medical negligence against appellant-doctors – Appellants filed reply but with a delay of 7 days beyond the period of 30+15 days (45 days) – National Commission rejected application for condonation of delay in filing written statement on the ground that in Constitution Bench judgment of Supreme Court in *National India Assurance v. Hilli Multipurpose Cold Storage, it was held that the delay beyond the period of 30+15 days (45 days) cannot be condoned by National Commission – Held: It is categorically stated in the CB judgment that it would operate prospectively – In the instant case, since the application for condonation of delay was filed prior to the CB judgment, the said application for condonation of delay ought to have been considered on merits and should not have been dismissed on the basis of the CB judgment – Order of National Commission set aside – Delay in this case was only for 7 days for which valid explanation was given – With the consent of parties, delay of 7 days is condoned but on payment of Rs. 25000/- – Limitation – Delay, condonation of.
*New India Assurance Company Limited v. Hilli
Multipurpose Cold Storage Private Limited (2020) 5 SCC 757 – followed.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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