Back
A. P. SAHI
ERA Realtors Pvt. Ltd. – Appellant
Versus
Neeraj Saxena – Respondent
ORDER
IA/8847/2024
Heard learned counsel for the appellants and the learned counsel for the respondents/ caveators. The delay in the filing of the appeal has been explained and the same is sufficient. The delay is condoned. The application is allowed and the appeal shall be treated to be within time.
Appeal
2. Since this appeal raises a very small issue pertaining to the rejection of an application filed by the appellants in a bunch of complaints filed before the State Consumer Disputes Redressal Commission, Maharashtra, Mumbai, learned counsel for the parties have advanced their submissions at the admission stage itself and therefore the appeal is being disposed of finally.
3. The order impugned in this appeal dated 24.04.2024 rejects the application moved by the appellants on 23.04.2024, which is filed as Annexure A-5 and is extracted herein under:
“Application to File Affidavit in Lieu of Examination in Chief on behalf of Opposite Party Nos.1 and 2 Abovenamed:-
I, Ketan Shinde, an Adult of Mumbai Indian Inhabitant, an Authorized Signatory of Opposite Party No.1 and one of the Directors of Opposite Party No.2 abovenamed, having office at Omkar House Off. Eastern Express Highw
(1) Reasonable Opportunity – The parties are entitled to a reasonable opportunity to address oral arguments on merits or file their written arguments in accordance with law and the appellant is there....
Mandatory timelines under the Consumer Protection Act for filing responses are rigid, and courts cannot extend them beyond stipulated periods.
The National Consumer Dispute Redressal Commission exceeded its jurisdiction by condoning delay in filing written version beyond the statutory period, which is mandatory under the Consumer Protection....
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.
The court ruled that procedural failures not being deliberate warrants reconsideration and allows opportunities for submissions under specific conditions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
