The Plea of Limitation V: Written Statements, District Consumer Forums I

Posted on by Rudrajyoti Nath Ray

As per Section 13(2)(a) of The Consumer Protection Act, 1986 the period of limitation for filing a written statement before a District Forum is 45 days. In J.J. Merchant, (2002) 6 SCC 635 the question arose whether the Forum can grant time beyond 45 days to the opposite party for filing its version. The Three-Judge Bench answered in negative.   

In New India Assurance Company Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd., [Civil Appeal Nos. 10941-10942 of 2013] it has been held, J.J. Merchant still “holds the field“.

An uncomfortable decision.

'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.