IMPORTANT POINT
Decision rendered by a Bench is binding on a Bench of same or lesser strength.

JUDGMENT

ANIL R. DAVE, J.

1. While considering Civil Appeal No.D 35086 of 2013, this Court expressed its doubt in relation to the period of limitation for filing the written statement or giving version of the opponent as per the provisions of Section 13(2)(a) of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’). The question was, whether the said issue was governed by the law laid down by this Court in Dr. J.J. Merchant & Ors. v. Shrinath Chaturvedi, [(2002) 6 SCC 635] or Kailash v. Nanhku & Ors. [(2005) 4 SCC 480]. The following order was passed by this Court in the aforestated Civil Appeal on 29th November, 2013:

“1. Heard Mr. Vahanvati, learned Attorney General, in support of these appeals. Mr. Guru Krishna Kumar, learned senior counsel, appears for the respondent(s).

2. Learned Attorney General points out that the judgment in Dr. J.J. Merchand & Ors. vs. Shrinath Chaturvedi, reported in [2002(6) SCC 635], has been considered and a different view has been taken in Kailash vs. Nanhku & Ors., reported in [2005(4) SCC 480], on the issue of limitation. The matters, therefore, require consideration.

3. Delay condoned.

4. The appeals are admitted.

5. Since this point of law requires to be resolved, we request the Hon’ble the Chief Justice to place these appeals before a larger Bench …………………”

2. In the aforestated circumstances, these matters have been placed before this three-Judge Bench so as to ascertain whether the law laid down in the case of Dr. J.J. Merchant (supra) still holds the field or whether the law has been changed in view of the later judgment delivered by this Court in the case of Kailash (supra).

3. The whole issue centers round the period within which the opponent has to give his version to the District Forum in pursuance of a complaint, which is admitted under Section 12 of the Act. Upon receipt of a complaint by the District Forum, if the complaint is admitted under Section 12 of the Act, a copy of the complaint is to be served upon the opposite party and as per provisions of Section 13 of the Act, the opposite party has to give his version of the case within a period of 30 days from the date of receipt of the copy of the complaint.

There is a further provision in Section 13(2)(a) that the District Forum may extend the period, not exceeding 15 days, to the opposite party for giving his version. The relevant Section of the Act reads as under:

“13. Procedure on admission of complaint –

(1) …………………….

(2) The District Forum shall, if the complaint admitted by it under section 12 relates to goods in respect of which the procedure specified in subsection (1) cannot be followed, or if the complaint relates to any services, -

(a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum;

(b) ………………………………………………………….”

Thus, upon plain reading of the aforestated Section, one can find that the opposite party is given 30 days’ time for giving his version and the said period for filing or giving the version can be extended by the District Forum, but the extension should not exceed 15 days. Thus, an upper cap of 45 days has been imposed by the Act for filing version of the opposite party.

4. The question arose in the case of Dr. J.J. Merchant (supra) whether the Forum can grant time beyond 45 days to the opposite party for filing its version. After considering the aforestated section in the light of the object with which the Act has been enacted, a three-Judge Bench of this Court came to the conclusion that in no case period beyond 45 days can be granted to the opposite party for filing its version of the case.

5. Without discussing the aforestated three-Judge Bench Judgment in detail, we now turn to another judgment which has been referred to by the referring Bench. The other judgment which has been referred to is Kailash (supra), which perta