Dr. Vijay Dixit & Ors. vs Pagadal Krishna Mohan & Ors.

Court

Supreme Court of India

Date

22 August 2024

Case No.

Civil Appeal No. 1970 of 2020

Result

Allowed

Bench

Bela M. Trivedi, Satish Chandra Sharma

Citation

[2024] 8 S.C.R. 768 : 2024 INSC 627

Acts & Sections

Consumer Protection Act, 1986

Issue for consideration

Whether the application(s) seeking condonation of delay to file written statement preferred before the consumer fora prior to 04.03.2020 i.e., the date of pronouncement of New India Assurance 2, must be decided on merits; and ought not to be summarily dismissed.

Headnote

Consumer Protection Act, 1986 – s.13 – Statutory period to file written statement – Condonation of delay to file written statement – In the both civil appeals (C.A.No.1970 of 2020 and C.A.No.10941-10942 of 2013), the NCDRC closed the right from filing written statements on account of them exceeding the statutory period:

Held: In C.A. No.1970 of 2020, the appellants had to file its WS on or before 28.06.2015 (within a period of 30 days) – However, the appellant filed its WS together with an application seeking condonation of delay on 12.04.2016 before the NCDRC i.e., after a delay of 285 days beyond the 30 day period granted to appellant – In C.A.No.10941-10942 of 2013, the appellant company filed its WS together with an application seeking condonation of delay on 27.07.2013 before the NCDRC i.e., after a delay of 79 days beyond the 30 day period – In the both civil appeals, the New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd. NCDRC forfeited the right from filing written statements on account of them exceeding the statutory period – In the present situation, the undisputed facts of the cases reveal that the impugned orders were passed by the NCDRC on 22.07.2016 (in Civil Appeal No. 1970 of 2020) and on 22.08.2013 (in C.A. No. 10941-10942 of 2013) i.e., prior to 04.03.2020-the date of pronouncement of the decision in New India Assurance 2 by the Constitution Bench – In the considered opinion of this Court, the categorical observation(s) of the Constitution Bench in New India Assurance 2; coupled with the finding(s) of a Bench of 3 Judges of this Court in Diamond Exports have authoritatively brought quietus to the underlying issue – The application(s) seeking condonation of delay preferred before the consumer fora prior to 04.03.2020 i.e., the date of pronouncement of New India Assurance 2, must be decided on merits; and ought not to be summarily dismissed – Accordingly in both the civil appeals, the NCDRC directed to adjudicate the underlying application seeking condonation of delay in filing the WS in the Underlying Complaint on merits. [In C.A. No.1970 of 2020, Paras 2.3, 2.4, 4 and 5] [In C.A. No.10941-10942 of 2013, Paras 2.3, 4 and 5]

Judgment# Satish Chandra Sharma, J. 1. This appeal arises from an order dated 22.07.2016 in Consumer Complaint No. 280 of 2015 (hereinafter the “Impugned Order”), wherein the National Consumer Disputes Redressal Commission(herein after referred to as the“NCDRC”) forfeited the right of the Appellant(s)to file its written statement on account of the Appellant(s) lapse in conforming to statutory period prescribed for filing its written statement, under Section 13 of the Consumer Protection Act, 1986 (the “Act”). 2. The facts and proceedings germane to the contextual understanding of the presen

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