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nirmal parmar   23 September 2023

Objection against the delay in filing ws within 45 days

Is there any section under which the objection for delay in filing ws from the opposite part has to be raised?

Do I have to counter the written statment also in addition of the raising the objection?



Learning

 6 Replies

Advocate Bhartesh goyal (advocate)     23 September 2023

Under order 8 rule 1 CPC defendant has to file written statement  within 30 days from the receipt of summons thereafter he has to seek permission from  Court and Court  may allow him to file written statement beyond the period of 30 days upto 90 days on sufficient  cause shown by defendant subject to payment of cost .You may raise objection u/o 8 r 1 CPC.

nirmal parmar   23 September 2023

Thanks for the reply.

The case is in consumer forum.

Extremely sorry for providing the complete info.

Kindly guide accordingly.

Also, should l submit the counter for written statement?

 

T. Kalaiselvan, Advocate (Advocate)     24 September 2023

The period of limitation to file is 30 days which can be condoned up to 15 days only.

The Supreme Court observed that a Consumer Commission has no jurisdiction to condone the delay for filing opposite party's written version beyond the

Supreme Court: In a case where the NCDRC had condoned a delay for a period beyond the prescribed statutory outer limit just before the decision of the Constitution Bench on 4 March 2020 wherein it was held that the consumer fora has no power and/or jurisdiction to accept the written statement beyond the statutory period prescribed under the Act, i.e., 45 days in all, the 3-judge bench of Dr. DY Chandrachud*, Surya Kant and Vikram Nath, JJ has held that the Constitution Bench judgment would not affect applications that were pending or decided before 4 March 2020. The Court made clear that such applications for condonation would be entitled to the benefit of the position in Reliance General Insurance Co. Ltd. v.  Mampee Timbers & Hardwares Pvt. Ltd.,  (2021) 3 SCC 673, which directed consumer fora to render a decision on merits....

Factual Background While entertaining a Consumer Complaint, the NCDRC has condoned the delay of 100 days in filing a written statement. The order of the NCDRC was a few days before the judgment of a Constitution Bench dated 4 March 2020, in New India Assurance company Limited v. Hilli Multipurpose Cold Storage Private Limited, (2020) 5 SCC 757 which held that the limitation period under Section 13(2)3 of the Consumer Protection Act 1986 could not be extended beyond the statutorily prescribed period of forty-five days....

Constitution Bench Verdict New India Assurance company Limited v. Hilli Multipurpose Cold Storage Private Limited, (2020) 5 SCC 757 [Constitution Bench] The Constitution Bench reiterated the view taken in the case of J.J.Merchant and held that the consumer fora has no power and/or jurisdiction to accept the written statement beyond the statutory period prescribed under the Act, i.e., 45 days in all. “28. It is true that “justice hurried is justice buried”. But in the same breath it is also said that “justice delayed is justice denied”. The legislature has chosen the latter, and for a good reason. It goes with the objective sought to be achieved by the Consumer Protection Act, which is to provide speedy justice to the consumer. It is not that sufficient time to file a response to the complaint has been denied to the opposite party. It is just that discretion of extension of time beyond 15 days (after the 30 days’ period) has been curtailed and consequences for the same have been provided under Section 13(2)(b)(ii) of the Consumer Protection Act. It may be that in some cases the opposite party could face hardship because of such provision, yet for achieving the object of the Act, which is speedy and simple redressal of consumer disputes, hardship which may be caused to a party has to be ignored.”...

You can file an objection under Section 13(2)(b)(ii) of the Consumer Protection Act. ...

 

1 Like

Dr. J C Vashista (Advocate )     24 September 2023

Very well analysed, opined and advised by learned expert Mr, T Kalaiselvan,

Raise your objection u/s 38(3) of the Consumer Protection Act, 2019 qua not taking the reply of opposite party on record.

Advocate Bhartesh goyal (advocate)     24 September 2023

Yes,Consumer Commission has no jurisdiction/power to accept written statement  filed beyond prescibed 45 days period .Raise objection in this regard under sec 33(8) of Consumer protection Act 2019.

nirmal parmar   24 September 2023

Thanks all for the replies. Much appreciated.

There are few points which I need to clear

1) Since the lodging of the complaint I have shifted to Delhi and the case is pending in kanpur. Should I mention the my current address in the address in the objection application or separate application needs to be submitted

2) In my initial compliant I have mentioned the compensation for the extra charges only. Can I request for mental agony and legal fees in the objection application itself in addition to the initial amount of compensation?

3) The opposite party has not submitted the affidavits in the stamp paper. They have submitted the affidavits on the legal size papers and notarized them. Are they accepted in consumer forum? Should I object it?

Thanks in advance.

 


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