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Ricardo Constructions Pvt. Ltd. vs Ravi Kuckian & Others

Not available · 2024 INSC 715Decided 6 Sept 2024
Not available

Background

In a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC), the appellant company's counsel accepted notice on the first hearing date without having a vakalatnama, and was given time to file a written statement. The written statement was not filed in time, and the appellant claimed this was because it was never actually served a copy of the complaint. The Commission foreclosed (barred) the appellant's right to file a written statement, holding that more than 45 days (the maximum period recognised for such filings) had passed since notice was accepted.

Decision Breakdown

The Supreme Court allowed the appeal and set aside the part of the NCDRC's order foreclosing the written statement. Relying on its own Constitution Bench ruling in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage, the Court noted that the 30/45-day limitation period runs from the date the opposite party actually receives the complaint along with the notice, not from mere receipt of notice alone. Since the Commission's order never recorded that a copy of the complaint was actually supplied to the appellant's counsel, it was too harsh to foreclose the appellant's right on mere assumption. The Court permitted the appellant to file its written statement by a fixed date, subject to paying Rs. 1,00,000 costs to each of the 31 respondents, with a revised timeline for replication and evidence before the next hearing.

Lesson Learnt

A party's right to respond in a legal proceeding cannot be cut off unless it is clearly established that the complaint itself (not just a notice) was actually served on them: strict procedural timelines must be read together with genuine, provable service.

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

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