DR. VIJAY DIXIT & ORS. versus PAGADAL KRISHNA MOHAN & ORS.

DR. VIJAY DIXIT & ORS. versus PAGADAL KRISHNA MOHAN & ORS.

Applications seeking condonation of delay to file written statements before consumer fora that were preferred prior to 04.03.2020 (the date of pronouncement of New India Assurance 2) must be decided on merits and ought not to be summarily dismissed; impugned orders forfeiting the right to file written statements that were passed prior to that date were set aside and the NCDRC was directed to adjudicate the condonation applications on merits.

Parties
Appellant: Dr. Vijay Dixit & Ors.; Respondent: Pagadal Krishna Mohan & Ors.; Appellant: New India Assurance Co. Ltd.; Respondent: Hilli Multipurpose Cold Storage Pvt. Ltd.
Jurisdiction
India
Judgment Date
22 August 2024
Procedural Posture
Civil Appeal / Decided on Appeal
Outcome
Appeals allowed
Legal Topics
Section 13 of Consumer Protection Act, 1986, Written Statement, Condonation of Delay, Prospective Operation of Judgment
Consumer Law Civil Procedure Limitation Section 13 of Consumer Protection Act, 1986 Written Statement Condonation of Delay Prospective Operation of Judgment

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Parties

Dr. Vijay Dixit & Ors.

Appellant

Pagadal Krishna Mohan & Ors.

Respondent

New India Assurance Co. Ltd.

Appellant

Hilli Multipurpose Cold Storage Pvt. Ltd.

Respondent

Procedural Posture

Civil Appeal / Decided on Appeal

Legal Issues

  1. 1 Whether applications seeking condonation of delay to file written statement before consumer fora preferred prior to 04.03.2020 must be decided on merits and not summarily dismissed

Ratio Decidendi

Applications seeking condonation of delay to file written statements before consumer fora that were preferred prior to 04.03.2020 (the date of pronouncement of New India Assurance 2) must be decided on merits and ought not to be summarily dismissed; impugned orders forfeiting the right to file written statements that were passed prior to that date were set aside and the NCDRC was directed to adjudicate the condonation applications on merits.

Court Disposition

Appeals allowed

Orders

  • Impugned orders setting aside the right to file written statements were set aside.
  • NCDRC directed to adjudicate the underlying application(s) seeking condonation of delay in filing the written statement(s) on merits.