Justice Vineet Saran sitting in a 5-Judge bench delivered this reference judgment on the following two questions of law.
Question-1
Whether the District Forum has power to extend the time for filing of response to the complaint beyond the period of 15 days, in addition to 30 days, as envisaged under Section 13(2)(a) of the Consumer Protection Act?
Answered as follows:
To conclude, we hold that our answer to the first question is that the District Forum has no power to extend the time for filing the response to the complaint beyond the period of 15 days in addition to 30 days as is envisaged under Section 13 of the Consumer Protection Act
Question-2
What would be the commencing point of limitation of 30 days under Section 13 of the Consumer Protection Act, 1986?
Answered as follows:
the answer to the second question is that the commencing point of limitation of 30 days under Section 13 of the Consumer Protection Act would be from the date of receipt of the notice accompanied with the complaint by the opposite party, and not mere receipt of the notice of the complaint.
New India Assurance Co Ltd Vs Hilli Multipurpose Cold Storage Pvt Ltd on 4 March 2020
Citations: [AIR 2020 SC 1267], [2020 SCC OnLine SC 287]
Other Source links: https://indiankanoon.org/doc/96395504/ or https://www.casemine.com/judgement/in/5e69d2383321bc624fea2d34
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