NEW INDIA ASSURANCE CO. LTD. Vs. HILLI MULTIPURPOSE COLD STORAGE PVT. LTD.

JUDGEMENT

(1.) While considering Civil Appeal No.D 35086 of 2013, this Court expressed its doubt in relation to the period of limitation for filing the written statement or giving version of the opponent as per the provisions of Section 13(2)(a) of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'). The question was, whether the said issue was governed by the law laid down by this Court in Dr. J.J. Merchant & Ors. v. Shrinath Chaturvedi, 2002 6 SCC 635 or Kailash v. Nanhku & Ors., 2005 4 SCC 480. The following order was passed by this Court in the aforestated Civil Appeal on 29th November, 2013:

(2.) In the aforestated circumstances, these matters have been placed before this three-Judge Bench so as to ascertain whether the law laid down in the case of Dr. J.J. Merchant still holds the field or whether the law has been changed in view of the later judgment delivered by this Court in the case of Kailash .

(3.) The whole issue centers round the period within which the opponent has to give his version to the District Forum in pursuance of a complaint, which is admitted under Section 12 of the Act. Upon receipt of a complaint by the District Forum, if the complaint is admitted under Section 12 of the Act, a copy of the complaint is to be served upon the opposite party and as per provisions of Section 13 of the Act, the opposite party has to give his version of the case within a period of 30 days from the date of receipt of the copy of the complaint. There is a further provision in Section 13(2)(a) that the District Forum may extend the period, not exceeding 15 days, to the opposite party for giving his version. The relevant Section of the Act reads as under: