M/S DADDY’S BUILDERS PVT. LTD. & ANOTHERversusMANISHA BHARGAVA AND ANOTHER

548                       [2021]
               SUPREME COURT     1 S.C.R. 548
                              REPORTS                     [2021] 1 S.C.R.


A           M/S DADDY’S BUILDERS PVT. LTD. & ANOTHER
                                         v.
                   MANISHA BHARGAVA AND ANOTHER
         (Petition For Special Leave To Appeal (Civil) No. 1240 of 2021)
                               FEBRUARY 11, 2021
B
              [DR. DHANANJAYA Y. CHANDRACHUD AND
                                M.R. SHAH, JJ.]
            Consumer Protection Act, 1986: s.13 – Power of Consumer
      Fora to extend the time to file the response to complaint beyond the
      period of 15 days in addition to 30 days as envisaged under s.13 –
C
      Held: Consumer Fora has no jurisdiction and/or power to accept
      the written statement beyond the period of 45 days.
            New India Assurance Company Limited v. Hilli
            Multipurpose Cold Storage Private Limited (2020) 5
            SCC 757 – followed.
D           J.J. Merchant v. Shrinath Chaturvedi (2002) 6 SCC
            635 : [2002] 1 Suppl. SCR 469 – relied on.
            New India Assurance Company Limited v. Hilli
            Multipurpose Cold Storage Private Limited (2015) 16
            SCC 20; Reliance General Insurance Co. Ltd. v. M/s
E           Mampee Timbers & Hardwares Pvt. Ltd. 2021 (2)
            SCALE 451 – referred to.
                              Case Law Reference
      2021 (2) SCALE 451               referred to            para 3
      [2002] 1 Suppl. SCR 469          relied on              para 5
F
      (2015) 16 SCC 20                 referred to            para 5
      (2020) 5 SCC 757                 followed               paras 5
            EXTRA-ORDINARY APPELLATE JURISDICTION : Special
      Leave Petition (Civil) No. 1240 of 2021.
G           From the Judgment and Order dated 04.09.2020 of National
      Consumer Disputes Redressal Commission at New Delhi in First Appeal
      No. 1999 of 2018
            Ashish Choudhary, Shivam Bajaj, Rohit Amit Sthalekar, Advs. for
      the appearing parties.
H
                                      548
       M/S DADDY’S BUILDERS PVT. LTD. v. MANISHA                                549
               BHARGAVA AND ANOTHER

        The Order of the Court was passed by                                    A
        M. R. SHAH, J.
        1. Feeling aggrieved and dissatisfied with the impugned order dated
04.09.2020 passed by the National Consumer Disputes Redressal
Commission, New Delhi (hereinafter referred to as the ‘National
Commission’) in First Appeal No. 1999/2018, by which the National               B
Commission has dismissed the said appeal confirming the order passed
by the Karnataka State Consumer Disputes Redressal Commission
(hereinafter referred to as the ‘State Commission’) dated 26.09.2018
rejecting the application filed by the petitioners herein seeking condonation
of delay in filing the written version/written statement to the consumer
complaint, original respondent nos. 1 & 2-petitioners herein have preferred     C
the present special leave petition.
        2. By order dated 26.09.2018, the State Commission rejected the
application filed by the petitioners herein seeking condonation of delay in
filing the written statement/written version to the consumer complaint.
It is not in dispute that the written version/written statement was filed       D
beyond the prescribed period of limitation provided under the Consumer
Protection Act, 1986 (hereinafter referred to as the ‘Act’), i.e., beyond
the period of 45 days. It is not in dispute that as per the provisions of the
Act, the written version/written statement is required to be filed within
30 days and the same can be extended by a further period of 15 days.            E
The order passed by the State Commission came to be confirmed by the
National Commission. Hence, the present special leave petition.
        3. Shri Ashish Choudhary, learned Advocate appearing on behalf
of the petitioners has vehemently submitted that it is true that as per the
decision of the Constitution Bench of this Court in the case of New
India Assurance company Limited v. Hilli Multipurpose Cold Storage              F
Private Limited, reported in (2020) 5 SCC 757, the District Forum
has no power to extend the time to file the response to the complaint
beyond the period of 15 days in addition to 30 days as is envisaged under
Section 13 of the Act. It is submitted that however as observed in
paragraph 63, the said judgment shall be applicable prospectively only.         G
Therefore, it is the case on behalf of the petitioners that the aforesaid
decision shall not be applicable retrospectively, and more particularly to
the complaints filed before the said decision. It is submitted that in the
present case the application for condition of delay came up for
consideration before the State Commission on 26.09.2018 and on that
date there was a judgment of this Court in the case of Reliance General         H
550            SUPREME COURT REPORTS                           [2021] 1 S.C.R.


A     Insurance Co. Ltd. v. M/s Mampee Timbers & Hardwares Pvt. Ltd.
      (Diary No. 2365 of 2017 decided on 10.02.2017) directing the
      consumer fora to accept the written statement beyond the stipulated
      time of 45 days in an appropriate case, on suitable terms, including the
      payment of costs and to proceed with the matter, keeping in view the
      fact that the judgment of this Court in the case of New India Assurance
B
      Company Limited v. Hilli Multipurpose Cold Storage Private Limited,
      reported in (2015) 16 SCC 20 has been referred to a larger Bench.
      Therefore, it is the case on behalf of the petitioners that the State
      Commission ought to have condoned the delay in filing the written
      statement/written version to the consumer complaint.
C             4. Having heard learned counsel appearing on behalf of the
      petitioners and so far as the question whether the date on which the
      State Commission passed the order, then on that date, whether the State
      Commission has the power to condone the delay beyond 45 days for
      filing the written statement under Section 13 of the Act is concerned, as
D     such, the said issue whether the State Commission has the power to
      condone the delay beyond 45 days is now not res integra in view of the
      Constitution Bench decision of this Court in the case of New India
      Assurance Company Limited v. Hilli Multipurpose Cold Storage Pvt.
      Ltd. reported in (2020) 5 SCC 757. However, it is submitted by the
      learned counsel appearing on behalf of the petitioners that as in paragraph
E     63 it is observed that the said judgment shall be applicable prospectively
      and therefore the said decision shall not be applicable to the complaint
      which was filed prior to the said judgment and/or the said decision shall
      not be applicable to the application for condonation of delay filed before
      the said decision.
F             However, the aforesaid cannot be accepted. It is required to be
      noted that as per the decision of this Court in the case of J.J. Merchant
      v. Shrinath Chaturvedi, reported in (2002) 6 SCC 635, which was a
      three Judge Bench decision, consumer fora has no power to extend the
      time for filing a reply/written statement beyond the period prescribed
      under the Act. However, thereafter, despite the above three Judge Bench
G     decision, a contrary view was taken by a two Judge Bench and therefore
      the matter was referred to the five Judge Bench and the Constitution
      Bench has reiterated the view taken in the case of J.J.Merchant (supra)
      and has again reiterated that the consumer fora has no power and/or
      jurisdiction to accept the written statement beyond the statutory period
H     prescribed under the Act, i.e., 45 days in all. However, it was found that
        M/S DADDY’S BUILDERS PVT. LTD. v. MANISHA                              551
          BHARGAVA AND ANOTHER [M.R. SHAH, J.]

in view of the order passed by this Court in Reliance General Insurance        A
Co. Ltd. (supra) dated 10.02.2017, pending the decision of the larger
Bench, in some of the cases, the State Commission might have condoned
the delay in filing the written statement filed beyond the stipulated time
of 45 days and all those orders condoning the delay and accepting the
written statements shall not be affected, this Court observed in paragraph
                                                                               B
63 that the decision of the Constitution Bench shall be applicable
prospectively. We say so because one of us was a party to the said
decision of the Constitution Bench.
        5. Now so far as the reliance placed upon the order passed by
this Court dated 10.02.2017 in the case of Reliance General Insurance
Co. Ltd. (supra) is concerned, the same has been dealt with in detail by       C
the National Commission by the impugned order while deciding the first
appeal. As rightly observed by the National Commission, there was no
mandate that in all the cases where the written statement was submitted
beyond the stipulated period of 45 days, the delay must be condoned and
the written statement must be taken on record. In order dated 10.02.2017,      D
it is specifically mentioned that it will be open to the concerned fora to
accept the written statement filed beyond the stipulated period of 45
days in an appropriate case, on suitable terms, including the payment of
costs and to proceed with the matter. Therefore, ultimately, it was left to
the concerned fora to accept the written statement beyond the stipulated
period of 45 days in an appropriate case. As observed by the National          E
Commission that despite sufficient time granted the written statement
was not filed within the prescribed period of limitation. Therefore, the
National Commission has considered the aspect of condonation of delay
on merits also. In any case, in view of the earlier decision of this Court
in the case of J.J. Merchant (supra) and the subsequent authoritative          F
decision of the Constitution Bench of this Court in the case of New
India Assurance Company Limited v. Hilli Multipurpose Cold Storage
Pvt. Ltd. (2020) 5 SCC 757, consumer fora has no jurisdiction and/or
power to accept the written statement beyond the period of 45 days, we
see no reason to interfere with the impugned order passed by the learned
National Commission.                                                           G
        6. In view of the above and for the reasons stated hereinabove,
the present special leave petition deserves to be dismissed and is
accordingly dismissed.

Devika Gujral                                                 SLP dismissed.   H