Can’t give beyond 45 days for replying to complaint in consumer cases: Supreme Court

On receiving the complaint, the court said, the opposite party is required to be given notice directing him to give his version within 30 days. T

Written by Utkarsh Anand | New Delhi | Published: December 9, 2015 2:12 am
supreme court, consumer court, consumer cases, sc consumer court cases, delhi news, supreme court news, latest news Supreme Court of India.

In what will help speed up decisions in consumer cases, Supreme Court has ruled that a party will not get more than 45 days for replying to a complaint in a consumer forum. The court said this period cannot be extended under any circumstances.

Underlining that Consumer Protection Act, 1986, aims at providing expeditious relief to consumers against unfair trade practices and deficiency in services, a three-judge bench led by Justice Anil R Dave held that no party shall henceforth be given more than 45 days to adduce explanation to a complaint. If a party fails to do so, the right to submit a written statement shall be closed and the case may be decided straightaway in the complainant’s favour.

The bench, also comprising Justices Vikramjit Sen and P C Ghose, elucidated the legal position after a two-judge bench came across a few conflicting judgments of the apex court and referred the matter to the larger bench in November 2013 for a clarification on the point of law.

Interpreting Section 13(2)(a) of the Act, the bench said Monday that this provision has to be given a strict interpretation in view of the legislative mandate, which wanted a speedy disposal of these cases, preferably within six months.

On receiving the complaint, the court said, the opposite party is required to be given notice directing him to give his version within 30 days. This time can be extended by another 15 days. This extension may be granted by a District Forum or State or National Consumer Commission. The bench concurred with the view of a coordinate bench in 2002, noting that it had given the correct interpretation of law that a limitation period of 45 days shall apply in consumer cases for filing replies to complaints.

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  1. V
    Vishal lodhi
    Aug 20, 2016 at 4:03 am
    my complaint is going conjumer from 13 februay 2016 but till now no replay lt;br/gt;i have idea what should i do because they not replying my answer lt;br/gt;i ask how much time your taking then person is saying this i am not jyotish lt;br/gt;i had complaing about hero motor crop defl. bike my namelt;br/gt;lt;br/gt; vishal lodhi lt;br/gt;ph 9971247526
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    1. V
      Vishal lodhi
      Aug 20, 2016 at 4:03 am
      plse help me
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      1. Brijesh Barthwal
        Sep 28, 2016 at 6:50 am
        text of the judgment can be extracted from this link-lt;br/gt;lt;br/gt;lt;br/gt;Case le is New India urance Co. Ltd vs Hilli Multipurpose Cold Storage Pvt. Ltd
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        1. K
          kishor K
          Sep 14, 2016 at 3:32 am
          Even my case result had been dela. One fraud builder fron Mumbai had managed national consumer court Delhi, from my case being started against fraudulent real estate firm. Im trying to get justice since September 27th of 2015
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          1. N
            Nandwani Lajpat
            Jul 26, 2016 at 9:53 am
            Ref my comlaint dt 26 05 2016 regarding award given to me by Samsung Electronics UK ltd and all after consiquences. No reply is made to me where it has ped about two months i am waiting reply as early. hope to here soon
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