A. SURESH KUMAR Vs. AMIT AGARWAL

JUDGEMENT

(1.) The respondent had filed a claim for medical negligence against the appellants-Dr. A. Suresh Kumar and others. The appellants filed their reply but with a delay of 7 days beyond the period of 30+15 days (45 days). The National Consumer Disputes Redressal Commission (for short 'NCDRC') rejected the application for condonation of delay in filing the written statement on the ground that in the Constitution Bench judgment of this Court in the case of New India Assurance Company Limited v. Hilli Multipurpose Cold Storage Private Limited, reported in (2020) 5 SCC 757, it has been held that the delay beyond the period of 30+15 day (45 days) cannot be condoned by the NCDRC. However, in paragraph 63 of the said judgment dated 04.03.2020, it is categorically stated that this judgment would operate prospectively. In the present case, the written statement was filed by the appellants on 25.11.2019 with an application for condonation of delay of 7 days.

(2.) In our view, since the application for condonation of delay was filed prior to the judgment of the Constitution Bench, which was delivered on 04.03.2020, the said application for condonation of delay ought to have been considered on merits and should not have been dismissed on the basis of the Constitution Bench judgment in the case of New India Assurance Company Limited (supra) because the said judgment was to operate prospectively and the written statement as well as the application for condonation of delay had been filed much prior to the said judgment.

(3.) Accordingly, the impugned order of the NCDRC deserves to be, and is, hereby set aside.