M/S Ss Group Pvt. Ltd. vs Aaditiya J Garg

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4085 OF 2020 (Arising out of SLP (C) No.13636 of 2020)

M/s. SS GROUP PVT. LTD. Appellant

VERSUS

AADITIYA J. GARG & ANR. Respondents

CIVIL APPEAL NO.4086 OF 2020 (Arising out of SLP (C) No.14309 of 2020)

CIVIL APPEAL NO.4087 OF 2020 (Arising out of SLP (C) No.14226 of 2020)

CIVIL APPEAL NO.4088 OF 2020 (Arising out of SLP (C) No.14252 of 2020)

CIVIL APPEAL NO.4089 OF 2020 (Arising out of SLP (C) No.14228 of 2020)

CIVIL APPEAL NO.4090 OF 2020 (Arising out of SLP (C) No.14716 of 2020)

CIVIL APPEAL NO.4091 OF 2020 (Arising out of SLP (C) No.14213 of 2020)

CIVIL APPEAL NO.4092 OF 2020 (Arising out of SLP (C) No.14233 of 2020)

Signature Not Verified CIVIL APPEAL NO.4093 OF 2020 Digitally signed by Dr. Mukesh Nasa Date: 2020.12.19 (Arising out of SLP (C) No.14181 of 2020) 12:45:01 IST Reason: 2

O R D E R

Leave granted.

This batch of civil appeals has been filed by the

appellant/builder challenging the order dated 07.09.2020

passed by the the National Consumer Disputes Redressal

Commission, New Delhi (“the National Commission”, for

short).

The respondents herein had booked the flats with the

appellant and since the flats were allegedly not

delivered on time, the respondents filed Consumer

Complaints before the National Commission claiming refund

of money.

The notices in each of the complaint petitions were

issued by the National Commission in June 2020 and were

received by the appellant on 13.07.2020 in each of

complaint cases.

It is submitted that as per Section 38(2)(a) of the

Consumer Protection Act, 2019, 30 days time is provided

for filing written statement, which could be extended for

a further period of 15 days. In the present matter, the

period of 30 days expired on 12.08.2020 and extended

period of 15 days expired on 27.08.2020. 3

Admittedly, the written statement/reply was filed by

the appellant before the National Commission on

31.08.2020, which filing was beyond the period of 45

days. The National Commission thus declined to take the

written statement on record in view of the Constitution

Bench decision of this Court in New India Assurance Co.

Ltd. v. Hilli Multipurpose Cold Storage (P) Ltd.,(2020) 5

SCC 757, wherein it has been held that the Consumer Court

has no power to extend the time for filing the response

to the complaint beyond 45 days. Said decision of the

National Commission is presently under challenge in these

appeals.

We have heard Mr. Sanjay K. Shandilya, learned

counsel appearing for the appellant and Mr. Naveen Kumar,

learned counsel appearing for the respondents on caveat.

Learned counsel for the respondents submits that the

respondents do not wish to file counter affidavit and,

therefore, these appeals be disposed of.

With the assistance of the learned counsel for both

the sides, we have carefully perused the record.

It is true that the decision of the Constitution

Bench of this Court in New India Assurance Co. Ltd.

(supra) clearly provides that no written statement is to 4

be allowed to be filed beyond the period of 45 days as

per Section 38 of the Consumer Protection Act, 2019.

However, in this context, it is noteworthy to refer to

the order dated 23.03.2020 passed by this Court in SMW(C)

No.3 of 2020, titled as “In Re: Cognizance for Extension

of Limitation”, which reads as under:

“This Court has taken Suo Motu cognizance of the situation arising out of the challenge faced by the country on account of Covid-19 Virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/ appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State).

To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings.

We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities.

This order may be brought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction.

5 Issue notice to all the Registrars General of the High Courts, returnable in four weeks.” (Emphasis supplied)

The above order is still operative and by subsequent

orders, the scope has been enlarged so that the said

order applies in other proceedings also.

In the present matter, it is an admitted fact that

the period of limitation of 30 days to file the written

statement had expired on 12.08.2020 and the extended

period of 15 days expired on 27.08.2020. This period

expired when the order dated 23.03.2020 passed by this

Court in SMW(C) No.3 of 2020 was continuing.

In view of the aforesaid, in our opinion, the

limitation for filing the written statement in the

present proceedings before the National Commission would

be deemed to have been extended as it is clear from the

order dated 23.03.2020 that the extended period of

limitation was applicable to all petitions/

applications/suits/appeals and all other proceedings. As

such, the delay of four days in filing the written

statements in the pending proceedings before the National

Commission deserves to be allowed, and is accordingly

allowed.

6 In the circumstances, we allow these appeals, set-

aside the order passed by the National Commission and

direct that (i) the written statement filed by the

appellant shall be taken on record; and, (ii) the matter

shall thereafter be proceeded with expeditiously and in

accordance with law.

With the aforesaid observations, the appeals are

allowed with no order as to costs.

......................J. [VINEET SARAN]

......................J. [S. RAVINDRA BHAT] NEW DELHI;

DECEMBER 17,2020.

7 ITEM NO.10+36 COURT NO.4 SECTION XVII-A (HEARING THROUGH VIDEO CONFERENCING)

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) No.13636/2020

(Arising out of impugned final judgment and order dated 07-09-2020 in IA No.5276/2020 passed by the National Consumers Disputes Redressal Commission, New Delhi)

M/s. SS GROUP PVT. LTD. Petitioner(s)

VERSUS

AADITIYA J GARG & ANR. Respondent(s)

(FOR ADMISSION and I.R.; and, IA No.117677/2020 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

WITH SLP(C) No.14309/2020 (XVII-A) (FOR ADMISSION and I.R.; and, IA No.122558/2020 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No.14226/2020 (XVII-A) (FOR ADMISSION and I.R.; and, IA No.121584/2020 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No.14252/2020 (XVII-A) (FOR ADMISSION and I.R.; and, IA No.121961/2020 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No.14228/2020 (XVII-A) (FOR ADMISSION and I.R.; and, IA No.121606/2020 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No.14716/2020 (XVII-A) (FOR ADMISSION and I.R.; and, IA No.124978/2020 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No.14213/2020 (XVII-A) (FOR ADMISSION and I.R.; and, IA No.121498/2020 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No.14233/2020 (XVII-A) (FOR ADMISSION and I.R.; and, IA No.121662/2020 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) 8

SLP (C) No.14181/2020 (XVII-A) (FOR ADMISSION and I.R.; I.A. No.121112/2020 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 17-12-2020 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT

For Petitioner(s) Mr. Sanjay K. Shandilya, Adv.

Mr. Apoorva Agarwal, Adv.

Mr. Abhishek, Adv.

Mr. Mushtaq Ahmad, AOR

For Respondent(s) Mr. Naveen Kumar, Adv. (On Caveat)

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeals are allowed, in terms of the Signed Order.

Pending applications, if any, also stand disposed of.

(MUKESH NASA) (PRADEEP KUMAR) COURT MASTER BRANCH OFFICER

(Reportable Signed Order is placed on the File)