Case Note & Summary
This batch of civil appeals arose from an order of the National Consumer Disputes Redressal Commission (National Commission) dated 07.09.2020, which refused to take on record the written statement filed by the appellant builder, M/s. SS Group Pvt. Ltd., in consumer complaints filed by the respondents (flat buyers). The respondents had booked flats with the appellant and sought refund due to alleged delay in delivery. Notices were issued in June 2020 and received by the appellant on 13.07.2020. Under Section 38(2)(a) of the Consumer Protection Act, 2019, the appellant had 30 days (till 12.08.2020) to file a written statement, extendable by 15 days (till 27.08.2020). The appellant filed the written statement on 31.08.2020, four days beyond the 45-day limit. The National Commission, relying on the Constitution Bench decision in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage (P) Ltd., held that it had no power to extend time beyond 45 days and refused to accept the written statement. The appellant challenged this order before the Supreme Court. The Supreme Court noted that the suo motu order dated 23.03.2020 in SMW(C) No.3 of 2020, passed under Article 142 read with Article 141 of the Constitution, extended the period of limitation for all proceedings (including special laws) from 15.03.2020 until further orders, to address difficulties caused by the COVID-19 pandemic. This order was still operative when the limitation period expired. The Court held that the limitation for filing the written statement stood extended, and the delay of four days was condoned. Consequently, the appeals were allowed, the National Commission's order was set aside, and the written statement was directed to be taken on record, with the matter to proceed expeditiously. No costs were awarded.
Headnote
A) Consumer Law - Limitation for Written Statement - Section 38(2)(a) Consumer Protection Act, 2019 - Extension of Limitation due to COVID-19 - The appellant builder filed written statement 4 days beyond the 45-day period. The National Commission refused to take it on record relying on New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage (P) Ltd. The Supreme Court held that the suo motu order dated 23.03.2020 in SMW(C) No.3 of 2020 extended limitation for all proceedings, including consumer complaints, and thus the delay was condoned. (Paras 2-5) B) Limitation Act - Suo Motu Extension by Supreme Court - Article 142 read with Article 141 of Constitution - COVID-19 Pandemic - The Supreme Court's order dated 23.03.2020 extended limitation from 15.03.2020 till further orders for all proceedings under general or special laws. This order was binding on all courts and tribunals. The period of limitation for filing written statement stood extended, and the delay of 4 days was deemed condoned. (Paras 4-5)
Issue of Consideration
Whether the National Commission was correct in refusing to take the written statement on record when it was filed beyond the 45-day period under Section 38 of the Consumer Protection Act, 2019, in light of the Supreme Court's suo motu order extending limitation due to COVID-19.
Final Decision
The Supreme Court allowed the appeals, set aside the National Commission's order, and directed that the written statement filed by the appellant be taken on record. The matter was directed to proceed expeditiously in accordance with law. No order as to costs.
Law Points
- Limitation for filing written statement under Section 38(2)(a) of Consumer Protection Act
- 2019 is 30 days extendable by 15 days
- but Supreme Court's suo motu order dated 23.03.2020 extended limitation for all proceedings during COVID-19 pandemic
- overriding the statutory bar.
