Consumer Cases : Some Important Legal Aspects

 Consumer Cases : Some Important Legal Aspects 

90 Days : 

According to Section 52 of Consumer Protection Act, 2019, an appeal filed before the State Commission or the National Commission, as the case may be, shall be heard as expeditiously as possible and every endeavour shall be made to dispose of the appeal within a period of 90 days from the date of its admission. Also no adjournment shall ordinarily be granted by the State Commission or the National Commission, as the case may be, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such Commission.  Also according to S.38 (10) of Consumer Protection Act, 2019, proceedings before District Commission are deemed to be judicial proceedings. 

Costs For Adjournment Seeking : 

State Commission or the National Commission, as the case may be, shall make such orders as to the costs occasioned by the adjournment, as may be specified by regulations. 

In that context, if we look at law laid down in New India Assurance Co. Ltd v Hilli Multipurpose Cold Storage Pvt Ltd [2020] GCtR 956 (SC), it becomes clear that Hon'ble Supreme Court has accorded enough clarity on the provisions and manner of interpretation of provisions of consumer welfare laws.  While facing real estate companies as respondents, one should utilise the law laid down by Hon'ble Supreme Court to ensure that the attempts of delayed filings or adjournments can be effectively blocked to clinch relief against real estate companies. 

Written by 

Vishal

Delhi

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