Consequences of Failure to file reply within 45 days in Consumer Case

          

Supreme Court, Delhi High Court, Advocate, Legal, Law, ncdrc

In almost all consumer cases, big fight which consumers have to fight is to get the reply from the Company. Consumer Forums are also reluctant to proceed ahead and keeps on giving dates for filing of Reply. Result – Inordinate delay in granting relief to Consumers. 

This issue arose before the Constitution Bench of Hon’ble Supreme Court in the matter of New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. (Decided On: 04.03.2020) and 5 Judges Bench of Hon’ble Supreme Court has decided that No reply can be filed after the expiry of 30 +15 days. 


THE CONSEQUENCE – Generally, Company files Reply on the first date of hearing. If 45 days has lapsed from the date of receipt of notice, no reply can be filed even on the First date of Hearing. In any case, Consumer forums are powerless to grant period exceeding 45 days to Company to file their reply. 


By Use of this Judgment, Battle is half won as Company's defence will not be considered in the absence of Reply. This will not only speedup the disposal of cases but will also ensure fast relief to Consumers.


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