Whether the District Forum has power to extend the time for filing of response to the complaint beyond the period of 15 days, in addition to 30 days, as envisaged Under Section 13(2) (a) of the Consumer Protection Act.
SC in Dilemma For Protecting Consumer Over Procedural Compulsions
New Delhi (ABC Live India): The Supreme Court of India on December 6, 2021
in civil appeal no(s). 73-74 of 2021case titled Bhasin
Infotech and Infrastructure Private Limited Vs Neema Agarwal & Ors referred
the case to larger bench for deciding the question,
Whether the District Forum has power to extend the time for filing of response
to the complaint beyond the period of 15 days, in addition to 30 days, as
envisaged Under Section 13(2) (a) of the Consumer Protection Act? And what would be the commencing point of limitation of 30 days
Under Section 13 of the Consumer Protection Act, 1986
It is pertinent to mention that on 4 March, 2020 the
apex court in case titled New
India Assurance Company Limited vs. Hilli Multipurpose Cold Storage Pvt. Ltd
ruled that the District Forum has no power to extend the time for filing the
response to the complaint beyond the period of 15 days in addition to 30 days
as is envisaged under Section 13 of the Consumer Protection Act; and the answer
to the second question is that the commencing point of limitation of 30 days
under Section 13 of the Consumer Protection Act would be from the date of
receipt of the notice accompanied with the complaint by the opposite party, and
not mere receipt of the notice of the complaint.
Further, the Supreme Court of India in case titled Reliance
General Insurance Co Ltd. & Another Vs M/s. Mampee Timbers & Hardwares
Pvt. Ltd. & Another allowed the National Commission to accept written reply
after speculated time line with costs of Rs 50,000/- to be paid to the opposite
party, and referred the case for larger bench for answering the above mentioned
two questions .
It is public domain that despite in the name of procedural
rules, the substantial justice has been delayed as case is not be referred to the larger bench since 2020.