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TMI Blog2021 (1) TMI 804X X X X Extracts X X X X X X X X Extracts X X X X ..... ng out of SLP (C) No.14213 of 2020), CIVIL APPEAL NO.4092 OF 2020 (Arising out of SLP (C) No.14233 of 2020), CIVIL APPEAL NO.4093 OF 2020 (Arising out of SLP (C) No.14181 of 2020) For the Petitioner : Mr. Sanjay K. Shandilya, Adv., Mr. Apoorva Agarwal, Adv., Mr. Abhishek, Adv., Mr. Mushtaq Ahmad, AOR For the Respondent : Mr. Naveen Kumar, Adv. ORDER 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th 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 ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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