Summary
Answering a Constitution Bench reference, the Supreme Court held that the Consumer Protection Act, 1986 permits no extension for filing a response beyond thirty days plus a discretionary fifteen days. The thirty-day period begins upon receipt of notice accompanied by the complaint, rather than notice alone. Any objection that the complaint copy was missing must be raised on the first date. The judgment was expressly made prospective.
Issues
- Whether the District Forum could extend the response period beyond thirty days plus fifteen days.
- Whether time ran from notice alone or service accompanied by the complaint.
Provisions considered
- Section 13(2)(a), (2)(b) and (3), Consumer Protection Act, 1986The express extension cap, consequence of proceeding ex parte and protection for compliant procedure make the response deadline mandatory. (¶¶ 7, 8, 9, 13, 17, 20, 21, 41)
- Regulation 10(5), Consumer Protection Regulations, 2005Requires the complaint copy to accompany notice, informing the commencement of the response period. (¶¶ 7, 37, 40)
Held
- The District Forum may extend the initial thirty days by no more than fifteen days. No power to grant further time is supplied by equity, hardship or ordinary civil-procedure principles. The additional fifteen days are discretionary rather than an automatic entitlement. (¶¶ 8, 13, 14, 17, 18, 19, 20, 21, 41)
- The statute expressly provides the consequence of a failure to respond and precludes a natural-justice challenge to proceedings complying with the prescribed procedure. The contrary directory approach in Topline Shoes overlooked those provisions; J.J. Merchant stated the correct rule. Decisions on ordinary civil written statements do not govern this statutory deadline. (¶¶ 13, 17, 21, 28, 29, 30, 31, 32, 33)
- The thirty-day period starts when the opposite party receives notice with the complaint copy. Bare notice is insufficient to enable an answer to the allegations. An objection that the copy was not received must be raised on the first date, rather than reserved for a later stage. (¶¶ 34, 35, 37, 40, 41)
- The answers to the referred questions were expressly directed to operate prospectively. (¶ 41)
Result
Referred questions answered: no extension beyond thirty days plus fifteen days, and time begins with receipt of notice accompanied by the complaint. Judgment to operate prospectively.