Consumer Protection Act, 1986: s.38 – Deficiency in service – Respondents booked flats with the appellant-builder – Flats were not delivered on time – Consumer complaint filed before National Commission claiming refund of money – Notices issued in June 2020 and received by the appellant on 13 July 2020 – Written statement/reply filed by appellant on 31 August 2020 which was beyond the period of 45 days – National Commission declined to take the written statement on record on the ground that Consumer Court has no power to extend the time for filing the response to the complaint beyond 45 days – Held: It is true that written statement cannot be allowed to be filed beyond the period of 45 days as per s.38 of the Act – However, in the wake of Covid 19 pandemic, on 23 March 2020, Supreme Court in Re: Cognizance for Extension of Limitation, had passed an order granting extension of period of limitation in all proceedings irrespective of limitation prescribed under the general law or special laws whether condonable or not w.e.f. 15 March 2020 till further orders – It is admitted fact that the period of limitation of 30 days to file the written statement had expired on 12 August 2020 and the extended period of 15 days expired on 27 August 2020 – This period expired when order dated 23 March 2020 was continuing – In view thereof, the limitation for filing written statement in the present proceedings before National Commission would be deemed to have been extended as order dated 23 March 2020 made extended period of limitation applicable to all petitions/applications/suits/appeals and all other proceedings – As such delay of four days in filing written statement in the pending proceedings before the National Commission is allowed.
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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