RICARDO CONSTRUCTIONS PVT. LTD. versus RAVI KUCKIAN & OTHERS

RICARDO CONSTRUCTIONS PVT. LTD. versus RAVI KUCKIAN & OTHERS

The National Commission’s order foreclosing the appellant’s right to file a written statement was set aside because the record did not show that a copy of the complaint had been supplied to the appellant; therefore it was inappropriate to foreclose the right on conjecture and the appellant was permitted to file the written statement by a specified date subject to payment of costs, with timelines fixed for replication and affidavit of evidence.

Parties
Appellant: Ricardo Constructions Pvt. Ltd.; Respondents: Ravi Kuckian & Others
Jurisdiction
India
Judgment Date
06 September 2024
Procedural Posture
Civil Appeal / Appeal Against Order Dated 19.07.2024 of the National Consumer Disputes Redressal Commission
Outcome
Appeal allowed
Legal Topics
Foreclosure of Right to File Written Statement, Service of Complaint, Limitation for Filing Written Statement, Affidavit of Evidence, Costs
Consumer Law Civil Procedure Foreclosure of Right to File Written Statement Service of Complaint Limitation for Filing Written Statement Affidavit of Evidence Costs

Case Brief

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Parties

Ricardo Constructions Pvt. Ltd.

Appellant

Ravi Kuckian & Others

Respondents

Procedural Posture

Civil Appeal / Appeal Against Order Dated 19.07.2024 of the National Consumer Disputes Redressal Commission

Legal Issues

  1. 1 Whether the right to file a written statement can be foreclosed where the record does not show that a copy of the complaint was served on the opposite party
  2. 2 What is the commencing point for the limitation period to file a written statement under the Consumer Protection Act
  3. 3 Whether the Commission was justified in foreclosing the appellant’s right to file written statement as an apparent delay tactic

Ratio Decidendi

The National Commission’s order foreclosing the appellant’s right to file a written statement was set aside because the record did not show that a copy of the complaint had been supplied to the appellant; therefore it was inappropriate to foreclose the right on conjecture and the appellant was permitted to file the written statement by a specified date subject to payment of costs, with timelines fixed for replication and affidavit of evidence.

Court Disposition

Appeal allowed

Orders

  • Impugned order of the National Consumer Disputes Redressal Commission insofar as it foreclosed the appellant’s right to file written statement is set aside
  • Appellant permitted to file written statement on or before 14.10.2024