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2021 Supreme(SC) 817

D.Y.CHANDRACHUD, SURYA KANT, VIKRAM NATH
Diamond Exports – Appellant
Versus
United India Insurance Company Limited – Respondent


Advocates appeared:
For the Appellant(s) :Salil Paul, Sahil Paul, Manjeet Chawla, Advocates
For the Respondent(s):Amit Kumar Singh, K. Enatoli Sema, Chubalemla Chang, Advocates

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

1. This appeal arises from a judgment dated 25 February 2020 of the National Consumer Disputes Redressal Commission1 [“NCDRC”].

2. While entertaining I.A. Nos. 15390 of 2019, 15391 of 2019 and 18307 of 2019 in Consumer Complaint No. 2645 of 2018, the NCDRC has condoned the delay of 100 days in filing a written statement. The order of the NCDRC was a few days before the judgment of a Constitution Bench dated 4 March 2020, in New India Assurance Company Limited vs. Hilli Multipurpose Cold Storage Private Limited, (2020) 5 SCC 757, which held that the limitation period under Section 13(2)2 [“The District Forum shall, if the complaint 54[admitted] by it under Section 12 relates to goods in respect of which the procedure specified in sub-section (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) where the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disp

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