DR. VIJAY DIXIT & ORS. versus PAGADAL KRISHNA MOHAN & ORS.

Citation: [2024] 8 S.C.R. 768 · Decided: 22-08-2024 · Supreme Court of India · Bench: BELA M. TRIVEDI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2024] 8 S.C.R. 768 : 2024 INSC 627
Dr. Vijay Dixit & Ors. 
v. 
Pagadal Krishna Mohan & Ors.
(Civil Appeal No. 1970 of 2020)
&
New India Assurance Co. Ltd. 
v. 
Hilli Multipurpose Cold Storage Pvt. Ltd.
(Civil Appeal No(s). 10941-10942 of 2013)
22 August 2024
[Bela M. Trivedi and Satish Chandra Sharma,* JJ.]
Issue for Consideration
Whether the application(s) seeking condonation of delay to 
file written statement preferred before the consumer fora prior 
to 04.03.2020 i.e., the date of pronouncement of New India 
Assurance 2, must be decided on merits; and ought not to be 
summarily dismissed.
Headnotes†
Consumer Protection Act, 1986 – s.13 – Statutory period to 
file written statement – Condonation of delay to file written 
statement – In the both civil appeals (C.A.No.1970 of 2020 
and C.A.No.10941-10942 of 2013), the NCDRC closed the right 
from filing written statements on account of them exceeding 
the statutory period:
Held: In C.A. No.1970 of 2020, the appellants had to file its WS 
on or before 28.06.2015 (within a period of 30 days) – However, 
the appellant filed its WS together with an application seeking 
condonation of delay on 12.04.2016 before the NCDRC i.e., 
after a delay of 285 days beyond the 30 day period granted to 
appellant – In C.A.No.10941-10942 of 2013, the appellant company 
filed its WS together with an application seeking condonation of 
delay on 27.07.2013 before the NCDRC i.e., after a delay of 79 
days beyond the 30 day period – In the both civil appeals, the 
* Author
[2024] 8 S.C.R. 
769
Dr. Vijay Dixit & Ors. v. Pagadal Krishna Mohan & Ors. 
New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd.
NCDRC forfeited the right from filing written statements on account 
of them exceeding the statutory period – In the present situation, 
the undisputed facts of the cases reveal that the impugned orders 
were passed by the NCDRC on 22.07.2016 (in Civil Appeal No. 
1970 of 2020) and on 22.08.2013 (in C.A. No. 10941-10942 of 
2013) i.e., prior to 04.03.2020-the date of pronouncement of the 
decision in New India Assurance 2 by the Constitution Bench – In 
the considered opinion of this Court, the categorical observation(s) 
of the Constitution Bench in New India Assurance 2; coupled with 
the finding(s) of a Bench of 3 Judges of this Court in Diamond 
Exports have authoritatively brought quietus to the underlying 
issue – The application(s) seeking condonation of delay preferred 
before the consumer fora prior to 04.03.2020 i.e., the date of 
pronouncement of New India Assurance 2, must be decided on 
merits; and ought not to be summarily dismissed – Accordingly 
in both the civil appeals, the NCDRC directed to adjudicate the 
underlying application seeking condonation of delay in filing the 
WS in the Underlying Complaint on merits. [In C.A. No.1970 of 
2020, Paras 2.3, 2.4, 4 and 5] [In C.A. No.10941-10942 of 2013, 
Paras 2.3, 4 and 5]
Case Law Cited
In Civil Appeal No. 1970 of 2020
New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage 
(P) Ltd.,(New India Assurance 2) [2020] 5 SCR 429 : (2020) 5 
SCC 757 – followed.
Diamond Exports v. United India Insurance Co. Ltd. [2021] 9 SCR 
993 : (2022) 4 SCC 169 – relied on.
J.J. Merchant (Dr) v. Shrinath Chaturvedi [2002] Supp. 1 SCR 
469 : (2002) 6 SCC 635; Kailash v. Nanhku [2005] 3 SCR 289 : 
(2005) 4 SCC 344; Salem Advocate Bar Association v. Union of 
India [2005] Supp. 1 SCR 929 : (2005) 6 SCC 344; New India 
Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage (P) Ltd.,(New 
India Assurance 1) [2015] 14 SCR 179 : (2015) 16 SCC 20 ; 
Topline Shoes Limited v. Corporation Bank [2002] 3 SCR 1167 : 
(2002) 6 SCC 33; Reliance General Insurance Co. Ltd. v. Mampee 
Timbers & Hardwares (P) Ltd. (2021) 3 SCC 673; Daddy’s Builders 
(P) Ltd. v. Manisha Bhargava [2021] 1 SCR 548 : (2021) 3 SCC 
669 – referred to.
770
[2024] 8 S.C.R.
Digital Supreme Court Reports
In Civil Appeal No(s). 10941-10942 of 2013
New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage 
(P) Ltd.,(New India Assurance 2) [2020] 5 SCR 429 : (2020) 5 
SCC 757 – followed.
Diamond Exports v. United India Insurance Co. Ltd. [2021] 9 SCR 
993 : (2022) 4 SCC 169 – relied on.
J.J. Merchant (Dr) v. Shrinath Chaturvedi [2002] Supp. 1 SCR 
469 : (2002) 6 SCC 635; Kailash v. Nanhku [2005] 3 SCR 289 : 
(2005) 4 SCC 344; Salem Advocate Bar Association v. Union 
of India [2005] Supp. 1 SCR 929 : (2005) 6 SCC 344; Topline 
Shoes Limited v. Corporation Bank [20
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