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New India Assurance Co. Ltd v. Hilli Multipurpose Cold Storage Pvt Ltd

Civil Appeal · 2020 INSC 274Decided 4 Mar 2020
Civil Appeal Nos. 10941-10942 of 2013
Justice Arun Mishra · Justice Indira Banerjee · Justice Vineet Saran · Justice M.R. Shah · Justice S. Ravindra Bhat

Background

This Constitution Bench judgment answers questions of law; it does not decide this appeal itself. The questions were whether a consumer forum can give the opposite party more than 45 days (30 plus 15) to file its reply under Section 13(2)(a) of the Consumer Protection Act, 1986, and when the 30 days begin.

Decision Breakdown

This is not a final judgment in this appeal. The five-judge bench held that the time to file a reply cannot be extended beyond 45 days, and that the period runs from receipt of the notice together with a copy of the complaint. The ruling operates prospectively. The individual appeals were left to be decided on their own facts.

Lesson Learnt

In consumer cases, the opposite party must file its reply within 45 days of receiving the notice with the complaint; forums cannot extend this.

Official source (sci.gov.in)View Judgment (PDF)

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