(Adarsh Kumar Goel and Uday Umesh Lalit, JJ.)
Civil Appeal No…….of 2017
(D. No. 2365 of 2017)+
Reliance General Insurance Co. Ltd. and Another ____ Appellant(s);
v.
Mampee Timbers and Hardwares Pvt. Ltd. and Another ____________________________________________ Respondent(s).
Civil Appeal No…….of 2017 (D. No. 2365 of 2017), decided on February 10, 2017
The Order of the court was delivered by
Order
1. Heard.
2. Delay condoned.
3. The question involved in this appeal is whether the time stipulated under Section 13 of the Consumer Protection Act, 1986 for filing written statement is mandatory and whether no flexibility is available with the Court in the interest of justice.
4. This question has been answered in the affirmative in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage (P) Ltd.1, reiterating the view in J.J. Merchant v. Shrinath Chaturvedi2.
5. Thereafter, the matter has been referred to a larger bench in view of contra views in the judgments of this Court in Topline Shoes Ltd. v. Corporation Bank3; Kailash v. Nanhku4 and Salem Advocate Bar Assn. (II) v. Union of India5.
6. It has been brought to our notice that in view of uncertainty in law, proceedings in number of cases is held up before the Consumer Fora.
7. This Court has passed interim order dated 11.02.2016 in Bhasin Infotech & Infrastructure (P) Ltd. v. Grand Venezia Buyers Assn.6, to the following effect :
“The proper course in our opinion is to permit the appellant-company to file its response, which was delayed by just about one day. We accordingly permit the appellant to file its reply before the National Commission within two weeks from today subject to payment of Rs. 50,000/- as costs to be paid to the opposite party. The Commission can upon deposit of costs proceed with the trial of the complainant on merits after receiving the reply filed by the respondent. The pendency of present proceedings shall not be an impediment for the Commission to do so. This however is subject to the condition that complainant-respondent is ready and willing to take the proceedings forward on the conditions aforementioned. In case the complainant-respondents have any objection to the continuance of the proceedings before the Commission they shall be free to seek stay of such proceedings pending disposal of these appeals in which event the proceedings shall remain stayed till disposal of the present appeals”.
8. We consider it appropriate to direct that pending decision of the larger bench, it will be open to the concerned Fora to accept the written statement filed beyond the stipulated time of 45 days in an appropriate case, on suitable terms, including the payment of costs, and to proceed with the matter.
9. The appeal is disposed of in above terms.
10. It will be open to the respondents to move this Court if they are aggrieved by this order.
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+ Arising from final Judgment and Order in Mampee Timbers & Hardwares (P) Ltd. v. UCO Bank, 2016 SCC OnLine NCDRC ## (National Consumer Disputes Redressal Commission, Consumer Case No. 451 of 2014, dt. 21-10-2016)
1 (2015) 16 SCC 20 : (2015) 16 SCC 22 : (2016) 3 SCC (Civ) 587
2 (2002) 6 SCC 635
3 (2002) 6 SCC 33
4 (2005) 4 SCC 480
5 (2005) 6 SCC 344
6 (2018) 17 SCC 255 : (2019) 1 SCC (Civ) 812
