In a significant legal analysis, the court has upheld the extension of the limitation period for filing written statements, emphasizing the impact of the Covid-19 pandemic on legal proceedings. This ruling sets a precedent for the application of court orders in extending timelines for various legal matters, offering relief to lawyers and litigants facing challenges during the pandemic.
Facts
- The appellant filed a written statement beyond the 45-day period allowed by law.
- The National Commission refused to accept the late filing based on the Supreme Court’s ruling in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage (P) Ltd.
- The period for filing the written statement expired on 12.08.2020, with a further 15-day extension until 27.08.2020.
- The appellant, a builder, is challenging the National Commission’s order dated 07.09.2020.
- The respondents filed complaints claiming a refund due to alleged non-delivery of flats by the appellant.
- Notices for the complaint petitions were received by the appellant on 13.07.2020.
- The decision of the National Commission is currently being contested in these appeals.
- Section 38(2)(a) of the Consumer Protection Act, 2019 allows 30 days for filing a written statement, extendable by 15 days.
Also Read: Judicial Review & Procedural Fairness in Disciplinary Matters
Arguments
- Learned counsel for the respondents informed the court that they do not want to file a counter affidavit.
- The respondents urge for the disposal of the appeals without further delay.
Also Read: Legal Analysis of High Court’s Direction on Playing Music in Public Places
Analysis
- The New India Assurance Co. Ltd. case establishes the 45-day limit for filing a written statement under Section 38 of the Consumer Protection Act, 2019.
- However, the court passed an order on 23.03.2020 extending the period of limitation for filing proceedings due to the challenges posed by the Covid-19 pandemic.
- This order, issued in response to the difficulties faced by litigants, suspended the limitation period from 15th March 2020 until further notice from the court.
- The order is enforceable on all Courts, Tribunals, and authorities, and the Constitution Bench exercised its powers under Article 142 and 141 to declare its binding nature.
- In the specific matter at hand, the extended period for filing a written statement had lapsed on 27.08.2020, highlighting the relevance of the court order in extending timelines for legal proceedings.
- The order’s application has been broadened through subsequent orders to cover various other proceedings as well, emphasizing its significance in mitigating the challenges faced by lawyers and litigants during the pandemic.
Also Read: Legal Analysis on Loan Transaction Dispute
Decision
- Delay of four days in filing written statements before the National Commission allowed.
- Order passed by the National Commission set aside.
- Written statement filed by the appellant to be taken on record.
- Proceedings to be conducted expeditiously and in accordance with the law.
- Limitation for filing the written statement deemed to have been extended as per the order dated 23.03.2020.
- Extended period of limitation applicable to all proceedings.
- No costs awarded, and notice to all Registrars General of High Courts to be issued.
Case Title: M/S SS GROUP PVT. LTD. Vs. AADITIYA J GARG (2020 INSC 708)
Case Number: C.A. No.-004085-004085 / 2020
