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J. K. MAHESHWARI, RAJESH BINDAL
Ricardo Constructions Pvt. Ltd. – Appellant
Versus
Ravi Kuckian – Respondent
ORDER :
Rajesh Bindal, J.
1. The present appeal has been filed against the order1[Consumer Complaint No.5 of 2024] dated 19.07.2024 passed by the National Consumer Disputes Redressal Commission,2[For short, ‘The Commission’] New Delhi in a complaint filed by respondent Nos.1 to 31 whereby the right of the appellant to file written statement was foreclosed. The complainants were given six weeks time to file affidavit of evidence and the matter was directed to be listed on 09.01.2025.
2. Learned counsel for the appellant submitted that time as provided in law, was not granted to file the written statement. Hence, the impugned order of the Commission may be set aside and the appellant may be given an opportunity to file written statement.
3. The order passed by the Commission on 06.02.2024 suggests that the counsel, who had appeared on behalf of the appellant was granted time to file vakalatnama. Notice was directed to be issued to the Opposite Party No.2 in the complaint and 30 days’ time was granted to the appellant to file its written statement, whereafter the complainants could file rejoinder and the matter was fixed on 19.07.2024 for the next hearing. As the appellant could not file
Written Statement – Commencing point of limitation of 30 days would be from date of receipt of notice accompanied with complaint by opposite party and not on mere receipt of notice of complaint.
Written statement of OP which has been filed beyond statutory period, cannot be taken on record.
“There is no bar for filing the written statement after expiry of period of 45 days, if the complainant has given no objection.”
Written Statement – Limitation – Application(s) seeking condonation of delay preferred before Consumer Fora prior to 04.03.2020, must be decided on merits and ought not to be summarily dismissed.
Written Statement – Limitation – Application(s) seeking condonation of delay preferred before Consumer Fora prior to 04.03.2020, must be decided on merits and ought not to be summarily dismissed.
The court affirmed that the time limit for filing written statements under the Consumer Protection Act is inflexible and cannot be extended beyond the stipulated period, emphasizing the necessity for....
Opposite party has been granted 30 days time to file written statement before the State Commission.
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