Mukesh Nasa (Arising out of SLP (C) No.14181 of 2020)
Leave granted.
This batch of civil appeals has been filed by the
appellant/builder challenging the order dated 07.09.2020
passed by the the National Consumer Disputes Redressal
Commission, New Delhi (“the National Commission”, for
short).
The respondents herein had booked the flats with the
appellant and since the flats were allegedly not
delivered on time, the respondents filed Consumer
Complaints before the National Commission claiming refund
of money.
The notices in each of the complaint petitions were
issued by the National Commission in June 2020 and were
received by the appellant on 13.07.2020 in each of
complaint cases.
It is submitted that as per Section 38(2)(a) of the
Consumer Protection Act, 2019, 30 days time is provided
for filing written statement, which could be extended for
a further period of 15 days. In the present matter, the
period of 30 days expired on 12.08.2020 and extended
period of 15 days expired on 27.08.2020.
Admittedly, the written statement/reply was filed by
the appellant before the National Commission on
31.08.2020, which filing was beyond the period of 45
days. The National Commission thus declined to take the
written statement on record in view of the Constitution
Bench decision of this Court in New India Assurance Co.
Ltd. v. Hilli Multipurpose Cold Storage (P) Ltd.,(2020) 5
SCC 757, wherein it has been held that the Consumer Court
has no power to extend the time for filing the response
to the complaint beyond 45 days. Said decision of the
National Commission is presently under challenge in these
appeals.
We have heard Mr. Sanjay K. Shandilya, learned
counsel appearing for the appellant and Mr. Naveen Kumar,
learned counsel appearing for the respondents on caveat.
Learned counsel for the respondents submits that the
respondents do not wish to file counter affidavit and,
therefore, these appeals be disposed of.
With the assistance of the learned counsel for both
the sides, we have carefully perused the record.
It is true that the decision of the Constitution
Bench of this Court in New India Assurance Co. Ltd.
(supra) clearly provides that no written statement is to
be allowed to be filed beyond the period of 45 days as
per Section 38 of the Consumer Protection Act, 2019.
However, in this context, it is noteworthy to refer to
the order dated 23.03.2020 passed by this Court in SMW(C)
No.3 of 2020, titled as “In Re: Cognizance for Extension
of Limitation”, which reads as under:
“This Court has taken Suo Motu cognizance of the
situation arising out of the challenge faced by
the country on account of Covid-19 Virus and
resultant difficulties that may be faced by
litigants across the country in filing their
petitions/applications/suits/ appeals/all other
proceedings within the period of limitation
prescribed under the general law of limitation or
under Special Laws (both Central and/or State).
To obviate such difficulties and to ensure that
lawyers/litigants do not have to come physically
to file such proceedings in respective
Courts/Tribunals across the country including this
Court, it is hereby ordered that a period of
limitation in all such proceedings, irrespective
of the limitation prescribed under the general law
or Special Laws whether condonable or not shall
stand extended w.e.f. 15 th March 2020 till further
order/s to be passed by this Court in present
proceedings.
We are exercising this power under Article 142
read with Article 141 of the Constitution of India
and declare that this order is a binding order
within the meaning of Article 141 on all
Courts/Tribunals and authorities.
This order may be brought to the notice of all
High Courts for being communicated to all
subordinate Courts/Tribunals within their
respective jurisdiction.
Issue notice to all the Registrars General of the
High Courts, returnable in four weeks.”
(Emphasis supplied)
The above order is still operative and by subsequent
orders, the scope has been enlarged so that the said
order applies in other proceedings also.
In the present matter, it is an admitted fact that
the period of limitation of 30 days to file the written
statement had expired on 12.08.2020 and the extended
period of 15 days expired on 27.08.2020. This period
expired when the order dated 23.03.2020 passed by this
Court in SMW(C) No.3 of 2020 was continuing.
In view of the aforesaid, in our opinion, the
limitation for filing the written statement in the
present proceedings before the National Commission would
be deemed to have been extended as it is clear from the
order dated 23.03.2020 that the extended period of
limitation was applicable to all petitions/
applications/suits/appeals and all other proceedings. As
such, the delay of four days in filing the written
statements in the pending proceedings before the National
Commission deserves to be allowed, and is accordingly
allowed.
In the circumstances, we allow these appeals, set-
aside the order passed by the National Commission and
direct that (i) the written statement filed by the
appellant shall be taken on record; and, (ii) the matter
shall thereafter be proceeded with expeditiously and in
accordance with law.
With the aforesaid observations, the appeals are
allowed with no order as to costs.
Petition for Special Leave to Appeal (C) No.13636/2020
(Arising out of impugned final judgment and order dated 07-09-2020 in IA No.5276/2020 passed by the National Consumers Disputes Redressal Commission, New Delhi)
M/s. SS GROUP PVT. LTD. Petitioner(s)
AADITIYA J GARG & ANR. Respondent(s)
WITH
SLP (C) No.14181/2020 (XVII-A) (FOR ADMISSION and I.R.; I.A. No.121112/2020 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 17-12-2020 These petitions were called on for hearing today.
CORAM :
For Petitioner(s) Mr. Sanjay K. Shandilya, Adv.
Mr. Apoorva Agarwal, Adv.
Mr. Abhishek, Adv.
Mr. Mushtaq Ahmad, AOR
For Respondent(s) Mr. Naveen Kumar, Adv. (On Caveat)
UPON hearing the counsel the Court made the following
Leave granted.
The appeals are allowed, in terms of the Signed Order.
Pending applications, if any, also stand disposed of.
(Reportable Signed Order is placed on the File)