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Civil · Reportable judgment

Ricardo Constructions Pvt. Ltd. vs Ravi Kuckian & Others

Court
Supreme Court of India
Date
6 September 2024
Case No.
Civil Appeal No. 9958 of 2024
Result
Allowed
Bench
J.K. Maheshwari, Rajesh Bindal
Citation
[2024] 9 S.C.R. 638 : 2024 INSC 715
Acts & Sections
Consumer Protection Act, 2019 Consumer Protection Act, 1986
Supreme Court Reports [2024] 9 S.C.R. 638 : 2024 INSC 715
Issue for consideration
Matter pertains to foreclosing of the right of the opposite party- appellant to file written statement.
Headnote

Consumer Protection Act, 2019 – Procedure on admission of complaint – Foreclosing of the right to file written statement – Effect – On facts, in a complaint, National Commission foreclosed the right of the appellant to file written statement and complainants given six weeks to file affidavit of evidence and the matter directed to be listed after five months – Challenge to: Held: Not a case where along with the notice, copy of the complaint was accompanied – Thus, it may be too harsh to foreclose anyone’s right to file written statement merely on conjectures and surmises – Case of the appellant was that the copy of the complaint was not served upon him – Commission had put onus on the appellant to have not made any attempt to get the copy of the complaint – However, the Commission merely recorded in its previous order that the notice was accepted by the counsel for the appellant in Court and was granted time to file the vakalatnama and written statement, however, it did not record that copy of the complaint was supplied by the counsel for the complainants to the counsel for the appellant – Any such observation by the Commission in its order would have clinched the issue – Impugned order passed by the Commission insofar it foreclosed the right of the appellant to file written statement set aside – Appellant permitted to file written statement on or before 14.10.2024 – Complainants allowed to file replication, if any, by 06.11.2024 and affidavit of evidence on or before 09.12.2024 – Matter to remain fixed on 09.01.2025 – Appellant to file written statement subject to payment of costs of ₹1,00,000/- each to complainants – Consumer Protection Act, 1986. [Paras 10, 11]

Keywords: Foreclosing of the right to file written statement · Affidavit of evidence · Copy of the complaint not served · Grant of time to file vakalatnama and written statement · Conjectures and surmises · Costs

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order Rajesh Bindal, J. 1. The present appeal has been filed against the order1 dated 19.07.2024 passed by the National Consumer Disputes Redressal Commission,2 New Delhi in a complaint filed by respondent Nos.1 to 31 whereby the right of the appellant to file written statement was foreclosed. The Consumer Complaint No.5 of 2024 For short, ‘The Commission’ complainants were given six weeks time to file affidavit of evidence and the matter was directed to be listed on 09.01.2025. 2. Learned counsel for the appellant submitted that time as provided in law, was not granted to file the writt
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