State consumer disputes redressal commission reprimands district forum: ‘Ensure reply, evidence are filed within 45 days’

The State Consumer Disputes Redressal Commission has directed district commissions not to extend the duration of filing response and evidence beyond 45 days

The State Consumer Disputes Redressal Commission has directed district commissions not to extend the duration of filing response and evidence beyond 45 days.

The State Consumer Disputes Redressal Commission directed the district commission(s) to refrain from adjourning the filing of reply and evidence beyond a 30-day period and a maximum period of 45 days, so that the purpose of disposal of the cases, within three months was not defeated. (iStock Photo)

Hearing a revision petition filed by Kulwant Rai of Shahbad, Kurukshetra, against orders passed by the District Consumer Disputes Redressal Commission-II on September 7 and October 7, the commission observed that as per the constitution bench of the Supreme Court, consumer commissions do not have the power or jurisdiction to accept a written statement beyond the statutory period of 45 days.

Rai had filed a consumer complaint against Altus Space Builders Private Limited, Phase-10, Mohali, regarding the possession of a flat in Muirwoods Ecocity, Mullanpur.

Observing that the respondents on February 18, had been given a period of three months and nine days to file their response, the commission said, “Giving a date of more than 45 days violates the intention of legislature and the provisions of Section 38(2)(a) of Consumer Protection Act to file written reply and evidence within a period of 30 days, which is extendable only by 15 days.”

It also reprimanded the district commission, observing, “It seems the district commission was oblivious of the provisions of Section 38 (7) of CPA, which is why on May 27, the matter was liberally adjourned till September 7 for filing the reply and evidence. Again, on September 7, the matter was adjourned to October 7, giving last opportunity to file reply and evidence.”

It directed the district commission(s) to refrain from adjourning the filing of reply and evidence beyond a 30-day period and a maximum period of 45 days, so that the purpose of disposal of the cases, within three months was not defeated. “Therefore, we advise the UT district commission(s) to follow the provisions... in future,” the state commission observed, adding,“ We do not appreciate this practice and direct the district commission, to discontinue this practice forthwith.”

The state commission has directed the respondents to appear before the district commission on January 4, 2023.