'Order Extending Limitation Due To COVID19 Still Operative': Supreme Court Directs NCDRC To Take On Record A Written Statement Filed Belatedly

Team SoOLEGAL 22 Dec 2020 3:27pm

'Order Extending Limitation Due To COVID19 Still Operative': Supreme Court Directs NCDRC To Take On Record A Written Statement Filed Belatedly

On 17th December, 2020, Supreme Court had held that, the order on the limitation period for filing of cases in Courts and Tribunals which was passed by the Apex Court itself on 23rd March, 2020, is extended. Justice Vineet Saran and Justice S. Ravindra Bhat had set aside the order of National Consumer Disputes Redressal Commission in which the forum had rejected a written statement by stating that the forum has no power to deal with the particular written statement as this particular statement has been filed beyond 45 days.

The Court was of the view that, in this case, 30 days of limitation period to file a written statement was expired and 15 days of extended limitation period was also expired on 27th August, 2020 and the said written statement was filed after 45 days. The Court had also referred its own judgement in a case [1]New India Assurance Co. Ltd Vs. Hilli Multipurpose Cold Storage (P) Ltd. where it held that, as per Section 38 of Consumer Protection Act, 2019, a written statement is not to be allowed to file beyond the time period of 45 days.

However, the Court had further referred to its own order dated 23rd March, 2020 where it held that, to tackle the difficulties in this Covid-19 pandemic and also to ensure that lawyers/litigants do not have to come to the respective courts/tribunals around the country, including this Court, physically to put those cases before them, the limitation period in all cases has been extended with effect from 15th March, 2020, till further order.

The Court in this case had held that, the forum National Consumer Disputed Redressal Commission must accept the written statement, because as per the order of the Apex Court dated 23rd March, 2020, the limitation period is extended in every petition, applications, suits, appeals and all such other proceedings.

Tagged: COVID19   Supreme Court   Justice Vineet Saran   Justice S. Ravindra Bhat   NCDRC   Consumer Protection Act  
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