DR. VIJAY DIXIT Vs. PAGADAL KRISHNA MOHAN

JUDGEMENT

(1.) This appeal arises from an order dtd. 22/7/2016 in Consumer Complaint No. 280 of 2015 (hereinafter the "Impugned Order"), wherein the National Consumer Disputes Redressal Commission (hereinafter referred to as the "NCDRC") forfeited the right of the Appellant(s) to file its written statement on account of the Appellant(s) lapse in conforming to statutory period prescribed for filing its written statement, under Sec. 13 of the Consumer Protection Act, 1986 (the "Act").

(2.) The facts and proceedings germane to the contextual understanding of the present lis are as follows:

(3.) Turning to the issue at hand, the undisputed fact(s) of the present lis reveal that the Impugned Order was passed by the NCDRC on 22/7/2016 i.e., prior to 4/3/2020 the date of pronouncement of the decision in New India Assurance 2 (Supra) by the Constitution Bench. Accordingly, in this background it was contended by the Appellant(s) that on account of the prospective operation of the said decision, coupled with the observations of this Court in Diamond Exports (Supra), the instant appeal ought to be allowed with a direction to the NCDRC to render a decision on merits qua the underlying application seeking condonation of delay in filing the WS.