Consumer Fora Has No Power To Accept Written Statement Beyond Period Of 45 Days, Reiterates Supreme Court
Consumer fora has no jurisdiction and/or power to accept the written statement beyond the period of 45 days, the Supreme Court reiterated in a judgment delivered by it.
In this case, the National Consumer Disputes Redressal Commission, confirmed the order passed by the Karnataka State Consumer Disputes Redressal Commission rejecting an application seeking condonation of delay in filing the written version/written statement to the consumer complaint. The rejection was on the ground that the written version/written statement was filed beyond the prescribed period of limitation provided under the Consumer Protection Act, 1986. In appeal, the contention raised was that, in the present case the application for condition of delay came up for consideration before the State Commission on 26.09.2018. The appellant further submitted that in the judgment of the Constitution Bench in New India Assurance Company Limited v. Hilli Multipurpose Cold Storage Pvt. Ltd. (2020) 5 SCC 757, it is observed that the said judgment shall be applicable prospectively. Therefore the said decision shall not be applicable to the complaint which was filed prior to the said judgment and/or the said decision shall not be applicable to the application for condonation of delay filed before the said decision, it was contended.