Sec.13(2)(a) of the consumer protection act
Vishwanath
(Querist) 22 June 2016
This query is : Resolved
Hello Everyone,
The Supreme Court of India in December 2015 has decided that the time limit of 45 days for the O.P. to file his version under sec.13(2(a) of the Consumer Protection Act is mandatory upholding a previous judgement passed in 2002, will this judgement be applicable retrospectively or prospectively. I mean will this apply to all those cases after 2002 or that this will apply to cases after december 2015 when the decision was delivered.
Regards,
Vishwanath
R.K Nanda
(Expert) 22 June 2016
Read judgement.
Advocate Bhartesh goyal
(Expert) 23 June 2016
Yes,sec 13(2)(a) of Consumer protection Act is very clear and Hon,ble S.C has clarified and confirmed that limitation to file reply is 30 days from the receipt of notice and extension of time upto 15 days may be further granted by District Consumer Forum.This provision is mandatory nature.
Vishwanath
(Querist) 08 July 2016
There were conflicting judgements by the supreme court. In 2002 it held the time limit as mandatory and in 2007 it held that the time limit was directory. Now it clarifies that the 2002 judgement prevails that the time limit is mandatory. there is no mention of whether the order is effective retrospectively or prospectively. Therefore, my query is whether the order applies to all consumer cases decided so far or it applies only to cases decided after 2002 or from december 2015, the date of order upholding the 2002 judgement. kindly clarify..
Vishwanath
(Querist) 25 August 2016
There were conflicting judgements by the supreme court. In 2002 it held the time limit as mandatory and in 2007 it held that the time limit was directory. Now it clarifies that the 2002 judgement prevails that the time limit is mandatory. there is no mention of whether the order is effective retrospectively or prospectively. Therefore, my query is whether the order applies to all consumer cases decided so far or it applies only to cases decided after 2002 or from december 2015, the date of order upholding the 2002 judgement. kindly clarify..
