NCDRC

NCDRC

FA/363/2020

AUDI INDIA PVT. LTD. - Complainant(s)

Versus

M/S. RITAM FASHIONS LLP - Opp.Party(s)

M/S. ARGUS PARTNERS

13 Mar 2020

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 363 OF 2020
 
(Against the Order dated 20/01/2020 in Complaint No. 554/2019 of the State Commission Delhi)
1. AUDI INDIA PVT. LTD.
(NOW KNOWN AS SKODA AUTO VOLKSWAGEN), 3RD AND 4TH FLOOR, SILVER UTOPIA, CARDINAL GRACIOUS ROAD, CHAKALA-ANDHERI EAST,
MUMBAI-400093
...........Appellant(s)
Versus 
1. M/S. RITAM FASHIONS LLP
T-2, 303. PARSVNATH PRESTIGE-2, SECTOR-93-A, GAUTAM BUDDHA NAGAR, NOIDA, UTTAR PRADESH-201304
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For the Appellant :
Mr. Dattatray Vyas, Advocate
Mr. Sanidhya Sonthalia, Advocate
Ms. Ekta Bhasin, Advocate
For the Respondent :

Dated : 13 Mar 2020
ORDER

This appeal is directed against the order of the State Commission dated 20.01.2020 whereby the State Commission declined to condone the delay of more than 15 days in filing the written version.

          In view of the decision of the Hon’ble Supreme Court dated 04.03.2020 in Civil Appeal No.10941-10942 of 2013 New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd., the delay beyond 15 days cannot be condoned. 

2.      The submission of the learned counsel for the appellant is that since the above referred decision has been given a prospective effect, the delay which had happened before the said decision came to be rendered, can be condoned.  However, I find myself unable to accept the contention.  In my opinion, the prospective effect of the order would mean that the matters where the delay had been condoned before the above referred decision was rendered by the Hon’ble Supreme Court, would not be re-opened on account of the aforesaid decision, but this would not enable any Consumer Forum to condone the delay beyond 15 days, after the said decision is rendered.  The delay having not been condoned before the above referred decision was delivered, cannot be condoned.  The appeal, being devoid of any merits, is hereby dismissed.

 
......................J
V.K. JAIN
PRESIDING MEMBER

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