2017 (2) TMI 1499 - SC - Indian Laws

Time stipulated Under Section 13 of the Consumer Protection Act, 1986 for filing written statement - mandatory time limitation or not - any flexibility is available with the Court in the interest of justice or not - HELD THAT - It has been brought to notice that in view of uncertainty in law, proceedings in number of cases is held up before the Consumer Fora. It is considered 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. Appeal disposed off.

Summary

Issues involved:
Interpretation of time stipulated under Section 13 of the Consumer Protection Act, 1986 for filing a written statement; Flexibility of the Court in the interest of justice regarding the time limit for filing a written statement.

Analysis:
The main issue in this appeal was whether the time limit specified under Section 13 of the Consumer Protection Act, 1986 for filing a written statement is mandatory, and if the Court has any flexibility in the interest of justice. The Supreme Court referred to previous judgments, including New India Assurance Co. Limited v. Hilli Multipurpose Cold Storage Private Limited and J.J. Merchant and Ors. v. Shrinath Chaturvedi, which affirmed the mandatory nature of the time limit. However, conflicting views in judgments like Topline Shoes Limited v. Corporation Bank, Kailash v. Nankhu, and Salem Advocate Bar Association v. Union of India led to the matter being referred to a larger bench for clarification.

The Court noted that due to the uncertainty in the law regarding the time limit for filing a written statement, proceedings in numerous cases before the Consumer Fora were being delayed. To address this issue, an interim order was passed in a specific case, allowing the appellant to file a delayed response within two weeks, subject to payment of costs. The Court then directed that, pending a decision by the larger bench, the Consumer Fora could accept written statements filed beyond the stipulated time of 45 days in appropriate cases, with suitable terms such as the payment of costs, and proceed with the matter.

In conclusion, the appeal was disposed of with the direction for the concerned Fora to have the flexibility to accept written statements filed beyond the specified time limit in appropriate cases until a decision by the larger bench is reached. The respondents were given the option to challenge this order before the Court if they were aggrieved by it.