Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act 1986 s.38 Deficiency in service |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Consumer Protection Act, 1986 (68 of 1986) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986: s.38 – Deficiency in service– Respondents booked flats with the appellant-builder – Flats werenot delivered on time – Consumer complaint filed before NationalCommission claiming refund of money – Notices issued in June 2020and received by the appellant on 13 July 2020 – Written statement/reply filed by appellant on 31 August 2020 which was beyond theperiod of 45 days – National Commission declined to take the writtenstatement on record on the ground that Consumer Court has nopower to extend the time for filing the response to the complaintbeyond 45 days – Held: It is true that written statement cannot beallowed to be filed beyond the period of 45 days as per s.38 of theAct – However, in the wake of Covid 19 pandemic, on 23 March2020, Supreme Court in Re: Cognizance for Extension of Limitation,had passed an order granting extension of period of limitation inall proceedings irrespective of limitation prescribed under the generallaw or special laws whether condonable or not w.e.f. 15 March2020 till further orders – It is admitted fact that the period oflimitation of 30 days to file the written statement had expired on 12August 2020 and the extended period of 15 days expired on 27August 2020 – This period expired when order dated 23 March2020 was continuing – In view thereof, the limitation for filing writtenstatement in the present proceedings before National Commissionwould be deemed to have been extended as order dated 23 March2020 made extended period of limitation applicable to all petitions/applications/suits/appeals and all other proceedings – As such delayof four days in filing written statement in the pending proceedingsbefore the National Commission is allowed. |
Judge | N/A |
Neutral Citation | 2020 INSC 708 |
Petitioner | M/s. Ss Group Pvt. Ltd. |
Respondent | Aaditiya J. Garg & Anr. |
SCR | [2020] 13 S.C.R. 779 |
Judgement Date | 2020-12-17 |
Case Number | 4085 |
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