IMPORTANT POINT
Forfeiture of right to file Written Version in Consumer Complaint cannot be sustained in view of order passed by Supreme Court and Office Orders issued by National Commission.

ORDER

This Review Application has been filed by the Opposite Party seeking review of the Order dated 12.10.2020 of this Commission wherein their right to file Written Version in the Consumer Complaint No. 412 of 2020, was forfeited with the following observations:-

“As per the Office Report, notice was issued to the Opposite Party on 15.07.2020 for today’s date and the notice was served upon the Opposite Party on 08.08.2020.

The period of 30 days as provided under Section 13(1)(a) of the Consumer Protection Act, 1986 (hereinafter referred to as, Act 1986), as also under Section 38(2)(a) of the Consumer Protection Act, 2019, (hereinafter referred to as Act of 2019) expired on 07.09.2020 and the extended period of 15 days as provided therein expired on 22.09.2020.

Nobody has put in appearance. Further no reply has been filed. As the period of 45 days is expired on 22.09.2020 and more than 19 days elapsed, in view of the Judgment and Order of the Constitution Bench of the Hon’ble Supreme Court in Civil Appeal No. 10941-10942 of 2013 (New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd.) and other connected matters (MANU/SC/0272/2020), decided on 04.03.2020, the Consumer Fora, including this Commission, has no power to condone the delay beyond the period specified in the Section 13(1)(a) of the Consumer Protection Act, 1986 which is similar to Section 38(2)(a) of the Consumer Protection Act, 2019. As the Written Version has not been filed within 45 days, we don’t have the power to condone any delay beyond 45 days of receipt of the notice. The right to file the Written Version of the Opposite Party is therefore stands forfeited.”

List the matter for final disposal on 15.12.2020.

Later on, Mr. Jaspreet Singh Chawla, learned Counsel for the Opposite Party appeared and has been apprised of today’s Orders passed.”

2. The review of the Order, dated 12.10.2020 has been mainly sought by the Review Petitioner on the following grounds:-

(i) due to Covid 2019, the staff as of the Opposite Party got affected by the ongoing Coronavirus Pandemic and the office was not working with full strength;

(ii) on 12.10.2020, matter was listed through video conferencing, however, counsel could not attend the hearing when the matter was called to explain the predicament of the Opposite Party;

(iii) this Hon’ble Commission had overlooked the existence and continuation of Order dated 23.03.2020 issued by the Hon’ble Supreme Court in Suo Moto Writ Petition (Civil ) No. 3/2020 extending limitation for various compliances in judicial forums till further order;

(iv) this Hon’ble Commission had also ignored its Orders dated 24.03.2020 and 23.04.2020 whereby it was clarified that due to the ongoing Pandemic, limitation to file Written Version/Reply shall stand extended till further orders.

3. Having perused the aforesaid grounds and the Order sought to be reviewed, we find the substance in the Review Application.

4. We find that the Hon’ble Supreme Court in the case of Suo Motu Writ Petition (Civil) No (s) 3 of 2020 – Cognizance for Extension of Limitation, vide Order dated 23.03.2020, had extended the period of limitation in all such proceedings irrespective of the limitation prescribed under the General Law or Special Law w.e.f. 15.03.2020 till further orders. The Order, dated 23.03.2020 passed by the Hon’ble Supreme Court is reproduced as under:-

“This Court has taken Suo Motu cognizance of the situation arising out of the challenge faced by the country on account of Covid-19 Virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/ appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State).

To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country includ