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2025 Supreme(Telangana) 2143

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, GADI PRAVEEN KUMAR, JJ.
The Branch Manager, Canara Bank, Sainikpuri II – Appellant
Versus
Srivini Anand Bhaskar Naidu and Another – Respondents
Writ Petition No. 32889 of 2025
Decided On : 10-12-2025

Advocates Appeared:
For the Appellant : Manav Gecil Thomas
For the Respondent: Akhil Ennemshetty

Mandatory timelines under the Consumer Protection Act for filing responses are rigid, and courts cannot extend them beyond stipulated periods.

Headnote:(A) Consumer Protection Act, 2019 - Section 38 - Writ Petition challenging order of State Commission - The petitioners sought to set aside the forfeiture of their right to file a Written Version due to delay in filing - Court upheld that the limitation period of forty-five days is mandatory and cannot be extended, as established in New India Assurance Company Limited v. Hilli Multipurpose Cold Storage Private Limited, (2020) 5 SCC 757 - Petitioners failed to provide sufficient cause for delay as they did not appear within the stipulated time, leading to the dismissal of their appeal and the forfeiture of their right to file. (Paras 5, 17, 28)

(B) Writ of Certiorari - Scope and maintainability - Writs are not to substitute the views of the lower courts unless there exists a jurisdictional error. The petitioners cannot question the factual controversy in this context, nor establish grounds for exceptional judicial review. (Paras 29, 31)

Facts of the case:
The petition arose from a consumer complaint where the petitioners failed to file their Written Version within the mandated period, resulting in a forfeiture of rights. A sequence of delays and procedural failures culminated in the current judicial proceedings.

Findings of Court:
The Court affirmed that the District Commission acted within its jurisdiction when it forfeited the petitioners' rights and highlighted the mandatory nature of the filing timeline in consumer matters.

Issues: The main issues revolved around the forfeiture of rights to file a Written Version due to the delay and whether the Writ Petition could be maintained.

Ratio Decidendi: The court held that the statutory timelines under the Consumer Protection Act are rigid and that the right to file a Written Version cannot be extended beyond forty-five days, as determined by previous Supreme Court mandates. The dismissal of the Writ Petition was upheld due to failure to maintain jurisdictional grounds.

Result: Writ Petition dismissed.

Table of Content
1. disputes over consumer complaint procedural rulings. (Para 1 , 2 , 3)
2. petitioners argue for writ intervention. (Para 4 , 5)
3. court considerations on procedural adherence. (Para 6 , 7 , 10)
4. chronology of events leading to the complaint. (Para 8 , 9 , 11)
5. mandatory timelines for filing responses. (Para 12 , 13 , 14)
6. consequences of not adhering to filing timelines. (Para 15 , 16 , 17)
7. supreme court precedents on consumer responses. (Para 18 , 19 , 20)
8. citing of contrasting judgments affecting consumer actions. (Para 21 , 22 , 23 , 24)
9. relevance of specific cases to the appeal. (Para 25 , 26 , 27)
10. critique of the maintainability of the writ. (Para 28 , 29 , 30)
11. conclusion and dismissal of the writ petition. (Para 31 , 32 , 33)

ORDER :

1. The Writ Petitioner has assailed an order dated 23.10.2025 passed by the Telangana State Consumer Disputes Redressal Commission at Hyderabad (“State Commission”) in R.P.No.60 of 2025 filed by the petitioners herein. The said RP was filed under Section 47 (1)(b) of The Consumer Protection Act, 2019 (“2019 Act”) for setting aside an order dated 08.09.2025 in I.A.No.236 of 2025 in C.C.No.110 of 2025 passed by the District Consumer Disputes Redressal Commission-I at Hyderabad (“District Commission”).

2. By the order dated 08.09.2025, the District Commission dismissed I.A.No.236 of 2025 filed by the petitioners for setting aside a docket order dated 07.07.2025 in C.C.No.110 of 2025 by which the right of the petitioners/Opposite Parties to file a Written Version was forfeited.

3. The petitioners herein are the Opposite Parties in C.C.No.110 of 2025 filed by the respondent No.1 in the Writ Petition.

4. Learned counsel appearing for the petitioners submits that the Court should set aside the impugned order dated 23.10.2025 passed by the State Commission and direct the State Commission to accept the Written Version of the petitioners in the main Complaint Case i.e., C.C.No.110 of 2025. Counsel submits that the petitioners do not have an alternative remedy against the impugned order since a second revision against the said order would not lie before the National Consumer Disputes Redressal Commission, New Delhi (“National Commission”) as decided by the said Commission in Vivo Mobile India Pvt. Ltd. v. Smt. Mavuram Sujatha , R.P. No. 1879 of 2024 dated 20.01.2025. Counsel further submits that the Writ Court can exercise its extraordinary jurisdiction under Article 226 of the Constitution to do substantial justice to the parties. Counsel highlights the harsh consequences of foreclosing the petitioners’ right to file the Written Version with a delay of only forty-two days.

5. Learned counsel appearing for the respondent No.1 argues on the maintainability of the Writ Petition and urges that the Writ Petition should be dismissed as it does not satisfy the threshold requirement for issuance of a Writ of Certiorari. Counsel argues that there was a wilful lack of diligence on the part of the petitioners as they chose not to appear before the District Commission within the stipulated time despite receiving notices as well as the Complaint. Counsel seeks to rely on section 13 of the Consumer Protection Act, 1986 (“1986 Act”) which is replicated in section 38 of the 2019 Act to submit that the District Commission does not have any power to extend the time for filing the Written Version beyond the period of fifteen days in addition to thirty days.

6. We have heard learned counsel appearing for the parties and considered the material placed on record.

7. The challenge in the Writ Petition is to the order dated 23.10.2025 passed by the State Commission which is dismissed the Revision Petition filed by the Writ Petitioners. The State Commission confirmed the docket order dated 07.07.2025 of the District Commission forfeiting the petitioners’ right to file Written Version to C.C.No.110 of 2025.

8. A brief chronology of events is given below:

i. The incident forming the basis of the Complai

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