ASSURANCE CO. LTD. versus HILLI MULTIPURPOSE COLD STORAGE PVT. LTD.

ASSURANCE CO. LTD. versus HILLI MULTIPURPOSE COLD STORAGE PVT. LTD.

Section 13(2)(a) of the Consumer Protection Act prescribes a time limit of 30 days for filing the opposite party's response, with a discretionary extension by the District Forum not exceeding 15 days; this maximum (total 45 days) is mandatory and the District Forum has no power to extend beyond it. The 30-day period commences from receipt of the notice accompanied by a copy of the complaint (not from mere receipt of notice).

Parties
Appellant: New India Assurance Co. Ltd.; Respondent: Hilli Multipurpose Cold Storage Pvt. Ltd.
Jurisdiction
India
Judgment Date
04 March 2020
Procedural Posture
Civil Appeal / Judgment (constitution Bench Reference Answered)
Outcome
Reference answered: District Forum has no power to extend time beyond the additional 15 days (total 45 days) under Section 13(2)(a); the 30-day period commences from receipt of the notice accompanied by the complaint.
Legal Topics
Extension of Time to File Response Under Section 13(2)(a), Commencement of Limitation Period for Filing Response, Interpretation of Mandatory Vs Directory Statutory Time Limits
Consumer Law Civil Procedure Limitation Extension of Time to File Response Under Section 13(2)(a) Commencement of Limitation Period for Filing Response Interpretation of Mandatory Vs Directory Statutory Time Limits

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Parties

New India Assurance Co. Ltd.

Appellant

Hilli Multipurpose Cold Storage Pvt. Ltd.

Respondent

Procedural Posture

Civil Appeal / Judgment (constitution Bench Reference Answered)

Legal Issues

  1. 1 Whether the District Forum has power to extend the time for filing response to the complaint beyond the additional 15 days permitted under Section 13(2)(a) (i.e. beyond a total of 45 days)
  2. 2 What is the commencing point of the 30-day limitation under Section 13(2) of the Consumer Protection Act — receipt of notice alone or receipt of notice accompanied by a copy of the complaint?

Ratio Decidendi

Section 13(2)(a) of the Consumer Protection Act prescribes a time limit of 30 days for filing the opposite party's response, with a discretionary extension by the District Forum not exceeding 15 days; this maximum (total 45 days) is mandatory and the District Forum has no power to extend beyond it. The 30-day period commences from receipt of the notice accompanied by a copy of the complaint (not from mere receipt of notice).

Court Disposition

Reference answered: District Forum has no power to extend time beyond the additional 15 days (total 45 days) under Section 13(2)(a); the 30-day period commences from receipt of the notice accompanied by the complaint.

Orders

  • Reference answered
  • Judgment to operate prospectively