Delay in filing WS beyond 45 days in Consumer Disputes can be considered, only prior to 04/03/2020: Supreme Court
- 10:00The SC on July 08, 2021 {DR. A. SURESH KUMAR & ORS. vs. AMIT AGARWAL} held that since the application for condonation of delay was filed prior to the judgment of the Constitution Bench, which was delivered on 04.03.2020, the application for condonation of delay ought to have been considered on merits and should not have been dismissed on the basis of the Constitution Bench judgment in the case of New India Assurance Company Limited (infra).
It was also held by the Bench, comprising of Justice VINEET SARAN and Justice DINESH MAHESHWARI that the said judgment was to operate prospectively and the written statement as well as the application for condonation of delay had been filed much prior to the said judgment in the present case.
In the present dispute, the respondent had filed a claim for medical negligence against the appellants-Dr. A. Suresh Kumar and others. The appellants filed their reply but with a delay of 7 days beyond the period of 30+15 days (45 days). The National Consumer Disputes Redressal Commission (for short ‘NCDRC’) rejected the application for condonation of delay in filing the written statement in view of the Constitution Bench judgment of the Supreme Court in the case of New India Assurance Company Limited vs. Hilli Multipurpose Cold Storage Private Limited, (2020) 5 SCC 757 - the said order was assailed before the SC in present appeal.
Accordingly, the impugned order of the NCDRC was set aside, and the appeal was allowed by the SC.