VidhiSangh

Supreme Court of India · 04/03/2020

ASSURANCE CO. LTD. versus HILLI MULTIPURPOSE COLD STORAGE PVT. LTD.

[2020] 5 S.C.R. 429 · 2020 INSC 274

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

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

  1. Whether the District Forum could extend the response period beyond thirty days plus fifteen days.
  2. Whether time ran from notice alone or service accompanied by the complaint.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2020] 5 S.C.R. 429.