Condoning late replies in consumer complaint cases

The National Consumer Disputes Redressal Commission (NCDRC), along with the state commissions and district forums, was set up with an aim of providing inexpensive, speedy and summary redressal of consumer disputes. Clearly demarcated timelines have been set out in order to achieve the NCDRC’s objective to deliver prompt justice and to expedite the hearing of cases.

Section 13 of the Consumer Protection Act, 1986 (CPA), provides that on receipt of a complaint, the consumer forum concerned must provide the target with a copy of the complaint and give the target up to 45 days to reply. Similarly, order VIII rule 1 of the Civil Procedure Code, 1908, allows a defendant 90 days to file a written statement of defence.

Court judgments

Judgments over the past 10 years stemming from various courts in India demonstrate diverse approaches while dealing with the time limits mentioned above. For example, in the case of Topline Shoes Ltd v Corporation Bank (2002) the Supreme Court held that the time limits prescribed in procedural laws for filing replies are “directory” and not mandatory in nature and no substantive right is created in favour of the complainant. Consequently, a consumer forum had the power to condone the delay in filing a reply beyond 45 days.

Khaitan Sud & Partners is a fast growing law firm providing specialist legal services to both domestic and international clients. Riddhi Sancheti is an associate at the firm.