Supreme Court of India
M/S. SS GROUP PVT. LTD. versus AADITIYA J. GARG & ANR. on 17 December 2020
2020 INSC 708[2020] 13 S.C.R. 779
M/s. SS GROUP PVT. LTD.
v.
AADITIYA J. GARG & ANR.(Civil Appeal Nos. 4085 of 2020)
DECEMBER 17, 2020
[VINEET SARAN AND S. RAVINDRA BHAT, JJ.]
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.
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ACIVIL APPELLATE JURISDICTION: Civil Appeal No. 4085of 2020.
From the Judgment and Order dated 07.09.2020 of the NationalConsumer Disputes Redressal Commission, New Delhi in I.A. No. 5276of 2020 in C.C. No. 488 of 2020.BWith Civil Appeal Nos. 4086, 4087, 4088, 4089, 4090, 4091, 4092, 4093of 2020.
Sanjay K. Shandilya, Apoorva Agarwal, Abhishek, MushtaqAhmad, Advs. for the Appellant.
CNaveen Kumar, Adv. for the Respondents.
The following Order of the Court was passed:
ORDER
Leave granted.
This batch of civil appeals has been filed by the appellant/builderDchallenging the order dated 07.09.2020 passed by the the NationalConsumer Disputes Redressal Commission, New Delhi (“the NationalCommission”, for short).
The respondents herein had booked the flats with the appellantand since the flats were allegedly not delivered on time, the respondentsfiled Consumer Complaints before the National Commission claimingErefund of money.
The notices in each of the complaint petitions were issued by theNational Commission in June 2020 and were received by the appellanton 13.07.2020 in each of complaint cases.
It is submitted that as per Section 38(2)(a) of the ConsumerFProtection Act, 2019, 30 days time is provided for filing written statement,which could be extended for a further period of 15 days. In the presentmatter, the period of 30 days expired on 12.08.2020 and extended periodof 15 days expired on 27.08.2020.
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Admittedly, the written statement/reply was filed by the appellantGbefore the National Commission on 31.08.2020, which filing was beyondthe period of 45 days. The National Commission thus declined to takethe written statement on record in view of the Constitution Bench decisionof this Court in New India Assurance Co. Ltd. v. Hilli MultipurposeCold Storage (P) Ltd.,(2020) 5 SCC 757, wherein it has been held thatthe Consumer Court has no power to extend the time for filing theH
response to the complaint beyond 45 days. Said decision of the NationalCommission is presently under challenge in these appeals.
We have heard Mr. Sanjay K. Shandilya, learned counselappearing for the appellant and Mr. Naveen Kumar, learned counselappearing for the respondents on caveat.
Learned counsel for the respondents submits that the respondentsdo not wish to file counter affidavit and, therefore, these appeals bedisposed of.
With the assistance of the learned counsel for both the sides, wehave carefully perused the record.
It is true that the decision of the Constitution Bench of this Courtin New India Assurance Co. Ltd. (supra) clearly provides that no writtenstatement is to be allowed to be filed beyond the period of 45 days as perSection 38 of the Consumer Protection Act, 2019. However, in thiscontext, it is noteworthy to refer to the order dated 23.03.2020 passedby this Court in SMW(C) No.3 of 2020, titled as “In Re: Cognizance forExtension of Limitation”, which reads as under:
“This Court has taken Suo Motu cognizance of the situation arisingout of the challenge faced by the country on account of Covid-19Virus and resultant difficulties that may be faced by litigants acrossthe country in filing their petitions/applications/suits/ appeals/allother proceedings within the period of limitation prescribed underthe general law of limitation or under Special Laws (both Centraland/or State).
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To obviate such difficulties and to ensure that lawyers/litigants donot have to come physically to file such proceedings in respectiveCourts/Tribunals across the country including this Court, it is herebyordered that a period of limitation in all such proceedings,irrespective of the limitation prescribed under the general law orSpecial Laws whether condonable or not shall stand extendedw.e.f. 15th March 2020 till further order/sto be passed by thisCourt in present proceedings.
We are exercising this power under Article 142 read with Article141 of the Constitution of India and declare that this order is abinding order within the meaning of Article 141 on all Courts/Tribunals and authorities.
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This order may be brought to the notice of all High Courts forbeing communicated to all subordinate Courts/Tribunals within theirrespective jurisdiction.
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Issue notice to all the Registrars General of the High Courts,returnable in four weeks.”
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The above order is still operative and by subsequent orders, thescope has been enlarged so that the said order applies in other proceedingsalso.
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CIn the present matter, it is an admitted fact that the period oflimitation of 30 days to file the written statement had expired on 12.08.2020and the extended period of 15 days expired on 27.08.2020. This periodexpired 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 theDwritten statement in the present proceedings before the NationalCommission would be deemed to have been extended as it is clear fromthe order dated 23.03.2020 that the extended period of limitation wasapplicable to all petitions/ applications/suits/appeals and all otherproceedings. As such, the delay of four days in filing the writtenEstatements in the pending proceedings before the National Commissiondeserves to be allowed, and is accordingly allowed.
In the circumstances, we allow these appeals, set-aside the orderpassed by the National Commission and direct that (i) the writtenstatement filed by the appellant shall be taken on record; and, (ii) theFmatter shall thereafter be proceeded with expeditiously and in accordancewith law.
With the aforesaid observations, the appeals are allowed with noorder as to costs.
Devika GujralG
Appeals allowed
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