nirmal parmar 16 September 2023

Consumer forum delay condonation

As per my knowledge the supreme have ordered that no district forum can condone a delay in filing a written statement beyond 45 days.

I need to know can the opposite party take condonation on the ground that since the quorum of the forum was not complete in first two hearings they failed to file written statement.

They have mentioned in there condonation affidavit that they have received the summon one year before the date of submission of the written statement i.e they have filed WS after nearly one year.

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3 Replies

Advocate Bhartesh goyal (advocate) 17 September 2023

No, As per latest S.C decision M/S Daddy's Builder Pvt Ltd vs Manisha Bhargava decided on 12-02-2021,Consumer Commission has no jurisdiction/power to accept written statement of opposite party filed beyond prescribed period of 45 days limitation so Consumer Commission can't condone the delay.

T. Kalaiselvan, Advocate (Advocate) 17 September 2023

The lack of coram of the consumer court is not the problem of the opponent, hence he cannot bank upon such technical issues while seeking to file written statement beyond the permitted limitation period.

You can strongly object to this and get his applicaitoin to condone delay dismissed