2018 Supreme(Online)(SC) 3498
SUPREME COURT
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New India Assurance Company Limited v. Hilli Multipurpose Cold Storage Private Limited
Consumer Complaint No. 52 of 2013
For the Appellants/Petitioners: [List of names]
For the Respondents: [List of names]
Timelines for filing responses in consumer disputes must be strictly adhered to, emphasizing the 30-day limit from the date of notice receipt.
Headnote:The Consumer Protection Act, 1986, particularly S.9 and S.21, establish the framework for adjudicating consumer disputes through the National Consumer Disputes Redressal Commission. The court examined the procedural requirements under S.12 and S.13 regarding complaints of deficient service. It reiterated that under S.13(2), a 30-day response period for the opposite party starts from the notice of complaint receipt, emphasizing strict adherence to procedural timelines. The court concluded that the period of limitation must be respected to ensure speedy resolutions, validating the previous ruling in J.J. Merchant & Ors. Vs. Srinath Chaturvedi.
| Table of Content |
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| 1. consumer disputes require adherence to laid down procedures. (Para 1 , 4 , 5) |
| 2. jurisdictional powers of the national commission under the act. (Para 2 , 3 , 10) |
| 3. timelines for responses are critical for consumer disputes. (Para 12 , 13 , 19) |
| 4. the procedural requirements have significant implications for adjudication. (Para 23 , 24 , 25) |
1. These matters arise out of a consumer dispute in Consumer Complaint No. 52 of 2013 on the file of the National Consumer Disputes Redressal Commission.
2. S.9 of the Consumer Protection Act , 1986 (hereinafter being referred to as 'the Act') provides for the constitution of for a (hereinafter called 'ADJUDICATORY BODIES') at three levels, District, State and National, to settle consumer disputes, (Consumer dispute is a defined expression under S.2(e) of the Act
“consumer dispute” means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint.”).
3. S.21 of the Act confers the National Commission with both original and appellate jurisdictions.
4. In the instant batch of cases, we are concerned with the original jurisdiction of the National Commission. The National Commission has original jurisdiction to examine complaints arising under Act where the complaint pertains to goods and services the value and compensation, if any claimed, exceeds Rs. One crore.
5. S.12 and S.13 prescribe the procedure to be followed by a District Consumer Forum where it receives a 'complaint, (Defined expression under S.2(e))'. The subject matter of a complaint could be regarding the supply of defective goods or deficiency in the service rendered. By virtue of the declaration contained under S.22, the procedure prescribed under S.12 and S.13 is required to be followed even by the National Commission while adjudicating disputes in exercise of its original jurisdiction.
6. Admittedly, the complaint in all these appeals is regarding the deficiency in the service rendered by the appellants.
7. Under S.13(2) of the Act, any ADJUDICATORY BODY “on the admission of the complaint” where the complaint pertaining to deficiency in service is required to put the opposite party on notice by supplying a copy of the complaint and call upon the opposite party “to give his version of the case” within a period of 30 days or such extended period not exceeding 15 days as may be granted by the adjudicatory body.
8. S.13(2) insofar as it is relevant for the present purpose is as follows: -
“ The District Forum shall, …………… 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.”
It can be seen that sub-clause 2(a) of S.13 is not explicit regarding the commencing point of the period of 30 days.
9. On the other hand, clause (b) of sub-Section (2) of S.13 stipulates that where the opposite party denies or disputes any allegations in the complaint or fails to take any action to represent his case subsequent to receipt of the copy of the complaint within the time given by the adjudicatory body, the adjudicatory body is mandated to proceed with the examination of the dispute. The relevant portion of clause (b) of sub-Section (2) reads as follows: -
“(b) where the opposite party, on receipt of a copy of the complaint, referred to him under clause(a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Forum , the District Forum shall proceed to settle the consumer dispute "
10. On a conjoint reading of clause (a) and (b) of sub-Section (2) of S.13, it appears to us that the period of limitation of 30 days stipulated by the statute within which time the opposite party to a consumer dispute is to state his version of the case does not de