Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2020 (3) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (3) TMI 1368 - SC - Indian LawsFiling of reply to the complaint within time limitation - Section 13(2) (a) of the Consumer Protection Act - mandatory or directory provisions - power of District Forum to extend the time for filing the response beyond the period of 15 days, in addition to 30 days - commencing point of limitation of 30 days. 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? - HELD THAT:- It is clear that as mentioned in the Statement of Objects and Reasons of the Consumer Protection Act, the District Forum is to provide speedy disposal of consumer disputes. The same has been further reiterated by the legislature by insertion of Section 13(2)(c) and 13(3A) by Act 62 of 2002 - the maximum period of 45 days, as provided under the Consumer Protection Act, would not mean that the complainant has a right to always avail such maximum period of 45 days to file its response. Regulation 10 of the Consumer Protection Regulations, 2005 clearly provides that ordinarily such notice to the opposite party to file its response shall be issued for a period of 30 days, but the same can be even less than 30 days, depending upon the circumstances of each case. By specifically enacting a provision Under Sub-section (3) of Section 13, with a specific clarification that violation of the principles of natural justice shall not be called in question where the procedure prescribed Under Sub-sections (1) and (2) of Section 13 of the Consumer Protection Act has been followed or complied with, the intention of the legislature is clear that mere denial of further extension of time for filing the response (by the opposite party) would not amount to denial or violation of the principles of natural justice. This provision of Section 13(3) reinforces the time limit specified in Section 13(2)(a) of the Act. The case of JJ. MERCHANT (DR.) ORS. VERSUS SHRINATH CHATURVEDI [2002 (8) TMI 835 - SUPREME COURT] is one relating to the provisions of the Consumer Protection Act, and has been decided by a Bench of three Judges of this Court. In this case it has been held that the time limit prescribed for filing the response to the complaint under the Consumer Protection Act, as provided Under Section 13(2)(a), is to be strictly adhered to, i.e. the same is mandatory, and not directory - no further reference was required to be made, but still we have proceeded to answer the question referred to this Constitution Bench and are of the considered opinion that the view expressed by this Court in the case of Dr. J.J. Merchant is the correct view. 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. What would be the commencing point of limitation of 30 days Under Section 13 of the Consumer Protection Act, 1986? - HELD THAT:- A conjoint reading of Clauses (a) and (b) of Sub-section (2) of Section 13 would make the position absolutely clear that the commencing point of limitation of 30 days, under the aforesaid provisions, would be from the date of receipt of notice accompanied by a copy of the complaint, and not merely receipt of the notice, as the response has to be given, within the stipulated time, to the averments made in the complaint and unless a copy of the complaint is served on the opposite party, he would not be in a position to furnish its reply. Thus, mere service of notice, without service of the copy of the complaint, would not suffice and cannot be the commencing point of 30 days under the aforesaid Section of the Act - It is clarified that the objection of not having received a copy of the complaint along with the notice should be raised on the first date itself and not thereafter, otherwise if permitted to be raised at any point later would defeat the very purpose of the Act, which is to provide simple and speedy redressal of consumer disputes. 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. Application disposed off.
|