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Consumer RightsSupreme Court of India

M/S SS Group Pvt. Ltd. v. Aaditiya J Garg & Anr.

Civil Appeal · 2020 INSC 708Decided 17 Dec 2020
Civil Appeal No. 4085 of 2020
Justice Vineet Saran · Justice S. Ravindra Bhat

Background

A group of home-buyers had filed consumer complaints against the builder before the National Consumer Disputes Redressal Commission (NCDRC) seeking refunds for delayed flat delivery. The builder's written statement (reply) was filed four days beyond the 45-day outer limit permitted under Section 38(2)(a) of the Consumer Protection Act, 2019, and the NCDRC refused to take it on record, relying on a Supreme Court Constitution Bench ruling that this 45-day limit cannot be extended.

Decision Breakdown

The Supreme Court noted that the delay fell within the period covered by its own suo motu COVID-19 order of 23 March 2020, which extended all limitation periods nationwide from 15 March 2020 "until further orders," regardless of the limitation period's source. Since the 45-day deadline expired while that blanket extension was in force, the four-day delay in filing the written statement was treated as covered by the extension and condoned. The Court set aside the NCDRC's order, directed that the written statement be taken on record, and sent the matter back for expeditious disposal.

Lesson Learnt

During the COVID-19 pandemic, the Supreme Court's blanket limitation-extension order applied to virtually all statutory deadlines across the country, including consumer-law filing limits that courts had earlier said could never be extended: a useful precedent for anyone whose pandemic-era filing was rejected as "late."

M/S SS Group Pvt. Ltd. v. Aaditiya J Garg & Anr. – Legal Case Shots | LegalAware