M/S. SS GROUP PVT. LTD. versus AADITIYA J. GARG & ANR.

M/S. SS GROUP PVT. LTD. versus AADITIYA J. GARG & ANR.

The Supreme Court held that the March 23, 2020 order extending limitation periods in view of the COVID-19 pandemic applied to the present proceedings before the National Commission, and therefore the four-day delay in filing the written statement beyond 45 days was covered by that extension; the National Commission's order refusing to take the written statement on record was set aside and the written statement was directed to be taken on record.

Parties
Appellant: M/s. SS Group Pvt. Ltd.; Respondent: Aaditiya J. Garg & Anr.
Jurisdiction
India
Judgment Date
17 December 2020
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order Dated 07.09.2020 of the National Consumer Disputes Redressal Commission, New Delhi in I.a. No. 5276 of 2020 in C.c. No. 488 of 2020
Outcome
Appeals allowed
Legal Topics
Section 38 of the Consumer Protection Act, 2019, Extension of Limitation Due to COVID 19, Filing of Written Statement, Power of Consumer Forums to Extend Time
Consumer Protection Limitation Law Constitutional Law Section 38 of the Consumer Protection Act, 2019 Extension of Limitation Due to COVID 19 Filing of Written Statement Power of Consumer Forums to Extend Time

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

M/s. SS Group Pvt. Ltd.

Appellant

Aaditiya J. Garg & Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order Dated 07.09.2020 of the National Consumer Disputes Redressal Commission, New Delhi in I.a. No. 5276 of 2020 in C.c. No. 488 of 2020

Legal Issues

  1. 1 Whether the National Commission could refuse to take on record a written statement filed beyond 45 days under Section 38 of the Consumer Protection Act, 2019 in view of the Supreme Court's March 23, 2020 order extending limitation periods owing to COVID-19.

Ratio Decidendi

The Supreme Court held that the March 23, 2020 order extending limitation periods in view of the COVID-19 pandemic applied to the present proceedings before the National Commission, and therefore the four-day delay in filing the written statement beyond 45 days was covered by that extension; the National Commission's order refusing to take the written statement on record was set aside and the written statement was directed to be taken on record.

Court Disposition

Appeals allowed

Orders

  • Order of the National Consumer Disputes Redressal Commission dated 07.09.2020 set aside
  • Written statement filed by the appellant shall be taken on record